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HomeMy WebLinkAboutJuly 26, 2001 St. Lucie County Planning and Zoning Commission Meetin Minutes ~GULAR MEETING July 26, 2001 Board of County Commissioners Chambers, 7:00 p.m. MEMBERS PRESENT: Mr. Lounds, Mr. Heam, Mr. Trias, Mr. Jones, Mr. Akins, Mr. McCurdy, Vice-Chairman. MEMBERS ABSENT: Mr. Merritt, Mr. Grande, Mr. Matthes, Chairman (each excused) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner III; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst. Co. Attorney; Sheree Bell, Senior Accounting Clerk, Mr. Ed Beck. July 26, 2001 P & Z Meeting Page 1 ,CALL TO ORDER Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning COmmission meeting at 7:00 pm. pLEDGE OF ALLEGIANCE Chairman McCurdy led the Pledge of Allegiance. ROLL CALL ANNOUNCEMENTS Chairman McCurdy gave a brief presentation on what you can expect to transpire tonight. For those of you who have not been here before, we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity that we act in. What we will do tonight is that we will be presented on each petition with a brief summary of the project by staff after which time the petitioner will come up and make his case for the requested petition and change. At anY time this Board will stop and ask questions of the petitioners or staff. After that process is completed we will open the public hearing for people who wish to speak for or against the petition. The purpose behind this hearing to is to get the general pUblic input. Please if you have something to say, come forward and say it. After everyone has gotten a chance to speak for or against the petition we will close the public hearing, staff will make a final recommendation to this Board, we will deliberate and we will make a decision on our recommendation, one way or another. The decision that is made is typically read from a scripted set of statements that are given to us. It may sound rehearsed but it really is not. There is one for and one against given to us in the package, so we may make the motion either one way or the other so it is very clear in the records, Once again, I want to remind you that we only act in an advisory capacity to the Board of County Commissioners and if you are not happy with the outcome of the hearing you always have the opportunity to speak at the public hearing in front of the Board of County Commissioners on the petition in front of us that will be forwarded to them with a recommendation of either denial or approval. Mr. Kelly made an announcement regarding the errors on the ad & apologized to the Board and the public for any inconvenience. Chairman McCurdy and the Board accepted the apology. No other announcements or comments. July 26, 2001 P & Z Meeting Page'2 AGENDA ITEM 1: June 21, 2001 MINUTES Chairman McCurdy asked where the minutes from last month's meeting were. Mr. Kelly advised that they were not available for review due to difficulties and would be available at the next P&Z meeting along with this month's minutes. July 26, 2001 P & Z Meeting Page 3 AGENDA ITEM 2: New Horizons of the Treasure Coast-.File No. CU-01-004 Staff Planner, Hank Flores stated that Agenda Item 2 was the Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District for 9.06 acres of property located at 4500 West Midway Road. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation for approval. No special conditions have been recommended. Chairman McCurdy asked the Board if there were any questions for staff. Hearing none, Chairman McCurdy then asked if the petitioner was present. Margie Silberman, CEO for New Horizons of the Treasure Coast stated that they were requesting a Major Adjustment to an Existing Conditional Use Permit, as stated previously by Mr. Flores, so that they may make renovations to an existing house on the property. This house will be utilized as offices for their staff. Chairman McCurdy asked if there were any questions for the petitioner from the Board. The Board responded in the negative. Chairman McCurdy opened the Public Hearing. Cindy Cooper, a nearby resident, stated that a New Horizons staff member told her that the home was going to be used as part of the mental facility. Chairman McCurdy requested that the applicant clarify the use of the property. Ms. Silberman reiterated that New Horizons plans to use the home for their office staff only. Mr. Lounds asked Mr. Kelly if they did decide to use the home as part of their mental facility, did they have to submit a new application? Mr. Kelly confirmed that they would have to submit a new petition for a Major Adjustment to an Existing Conditional Use Permit. Mr. Flores also confirmed this information. Mr. Lounds reconfirmed what he had understood from Mr. Kelly and Mr. Flores. Chairman McCurdy then asked again if there was anyone else present who wished to address' the Board regarding this matter? Hearing none, Chairman McCurdy closed the Public Hearing. Chairman McCurdy returned to the Board and asked if there were questions for staff or the applicant. Seeing none, he requested a motion. Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health services in the I (Institutional) Zoning District because the use was consistent with the existing acfl~ty operations. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 4 AGENDA ITEM 3: Bingo Emporium- File No. CU-01-005 [~!~,~~ Mr. Kelly asked that since there was no representative for the petitioner at the hearing, could we move Agenda Item 3 to laSt to allow them time to appear? Chairman McCurdy asked the Board & they unanimously agreed. NOTE: Agenda item # 4- Century 21 - PNRD, was heard during this time. The minutes have been adjusted for clarity. At 8:00 p.m. Chairman McCurdy reopened the Public Hearing for this petition. Staff Planner, Hank Flores stated that Agenda Item 3 was the petition for a Conditional Use Permit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District for the property located at 8441 South U.S. Highway No. 1. The applicant, Bingo Emporium, has applied for the requested conditional use in order to establish a non- profit bingo parlor with approximately 9,000 square feet of playing area. Bingo establishments are allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. On January 18, 2000, the Board of County Commissioners, through Resolution 00-004, approved a conditional use permit for St. Francis of Assisi Catholic Foundation and Entertainment South, Inc. - a Non-Profit Corporation to operate a bingo establishment in the same location. No bingo operation was ever established and the conditional use permit has expired. In order to reactivate the bingo establishment, a new conditional use permit must be approved. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, with the following condition: The Board of County Commissioners shall reserve the right to review the conditional use permit on a semi-annual basis to ensure that the proposed project will not have an undue, adverse effect on traffic conditions and parking for the entire shopping center. If the Board of County Commissioners determines that parking required for Bingo Emporium is creating capacity problems for the shopPing center, the Board may impose restrictions on the hours of operation. Chairman McCurdy asked if the Board had any questions for the staff. Hearing none, Chairman McCurdy then asked for comments from the petitioner or their representative. Neither was present at this time. Mr. Kelly suggested that even though the petitioner was not present, since this is a renewal of a previously approved (but not used) Conditional Use, that the Board considers its approval. Chairman McCurdy asked the Board if this was acceptable and they unanimously agreed. Chairman McCurdy opened the Public Hearing. No responses. Chairman McCurdy closed the Public Hearing. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Bingo Emporium for a Conditional Use Permit to allow a bingo establishment in the CG (Commercial, General) Zoning District, with the stipulated conditions regarding traffic and parking. Motion seconded by Mr. Jones. July 26, 2001 P & Z Meeting Page 5 Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommehdafion~tO forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 6 .AGE~).A ITEM 4.: .Centur 21- P. NRD - File No. RZ-01-012 ~:~'~ ~ Staff Planner, Cyndi Shay stated Agenda Item 4 is the petition of Century 21 Real Estate for a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned Non'Residential District) Zoning District for .27 acres of land located on the west side of North A- l-A, immediately south of the North Hutchinson Island Waste Water Treatment Facility. The subject property is surrounded to the north with Utilities zoning and to the south, east and west with HIRD (Hutchinson Island Residential District) zoning. The existing uses are to the north- North Hutchinson ISland Waste Water Treatment Facility, further north Pepper Park; to the northeast is the Sea Palms Condominium, further to the northeast is the SEAL Museum and the eastern portion of Pepper Park, directly east are two vacant lots, approximately 61 feet in width, to the southeast is the Tiara Tower Condominium and to the south and west is vacant land. Further to the South is the entrance to the Sands Condominium, then a strip center, apartments and then Cumberland Farms commercial center. The applicant is proposing to construct a real estate office that will be 1,792 square feet in size and have a maximum height of 16 feet. Staff has reviewed this petition and found it to satisfy the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. Therefore, staff is recommending that this petition be forwarded to the Board of County Commissioners with a recommendation of approval, subject to two conditions: . The subject property be permitted a reduction in the number of required parking spaces from nine to six. The approval granted is conditioned for the construction and operation of a real estate office only, any other use will be required to modify the Planned Non-Residential Development and be granted approval to operate in this location. Chairman McCurdy asked for comments from the petitioner or their representative. Ed Beck introduced himself as a representative for Larry & Diana Stewart of Century 21. Mr. Beck stated that he agreed with the staff recommendation. He further stated that due to the location of the North Hutchinson Island Waste Water Treatment Facility and was not suitable for a residential home. He went on to ex sewage ponds the proposed location plain that a review of the area uses include: a commercial center approximately ½ mile south, then apartments and at the comer of Sea Way Drive and A-l-A, approximately 2 miles from the site is a gas station and another small strip center. In his opinion, the proposed petition is not considered a spot zoning. The applicant, Century 21, has plans to construct a building that will resemble a low-rise house with a garage and will be used for office space only. Century 21 is currently located in the strip mall approximately ½ mile south of the proposed location. The current lease will expire within 2 years. Therefore, the proposed building will be constructed before the end of the current lease~ He then stated he would be happy to answer any questions and asked for the Planning & Zoning Commission's approval. Chairman McCurdy asked for questions of the staff. Mr. Akins had questions regarding the lease of property. Mr. Beck responded he would not like the date of the expiration of the lease to be public record. Chaiirman McCurdy asked if there were any other questions from the Board. July' 26, 2001 P & Z Meeting Page 7 Hearing none, Chairman McCurdy opened the Public Hearing. ~[~ ~'~'~ Mr. Walter Simmons stated that he resides at 3150 North A-1-A in Unit # 1002N, which he maintains is directly across from the subject property. Mrs. Simmons presented a letter to be placed in the official record, iMr. Simmons had questions regarding the HIRD and PUD discrepancies on the areas west and south of the subject property. Ms. Shay clarified HIRD boundaries & pointed out that this problem was addressed in the memo dated July 25, 2001 from Mr. Kelly in response to Mr. & Mrs. Simmons' letter. Mr. simmons went on to state he felt that the proposed project did not meet the compatibility and neighborhood character test. Mr. Trias asked Mr. Simmons what he felt the neighborhood character was and how the proposed property would change the quality of their living on the island? Mr. Simmons stated that was the responsibility of the applicant to determine the character of the neighborhood. He was unable to establish what the current character of the neighborhood is. Mr. Simmons also stated that he feels that if the zoning is changed it will set a precedent in the area. Mr. Lounds & Mr. Heam had comments regarding the landscaping around the property. Mr. Lounds then clarified the conditions set. Mrs. Sandi Simmons (wife of Walter Simmons) stated that she just wanted to reiterate what her husband had said and to let the Board know that she too was against the petition. Mr. Richard Sunderman of 3150 North A-l-A, Unit # 903 stated he was opposed to this petition. Mr. Akins asked him what he would rather see on the site and Mr. Sunderman responded "weeds". Mr. Steve Bauer of Sea Palms also stated that he was opposed to this petition. Mr. Lounds asked bOth of them how long they had lived on the Island. Ms. Shirley Burlingham, President of the North Hutchinson Island Home Owners Association, stated that she would much rather see this 16-foot tall office building than a 9-story condominium. This would still allow them to enjoy their beautiful view. Her only concern was the sign being illuminated 24 hours a day. She did question the possibility of petitioning for a universal code regarding signs on the Island. Chairman McCurdy closed the Public Hearing. Mr. Heam addressed the staff regarding the petitioner's willingness to add some landscaping to the north side of the property. Ed Beck stated that they would be willing to consider it. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Century 21 - PNRD for Preliminary Planned Non-Residential Development and a Change in Zoning from the HIRD (Hutchinson Island Residential District) to the PNRD (Planned Non-Residential Development- Century 21) ZOning District to allow a real estate office, subject to the conditions that the number of required parking spaces be reduced from nine to six, that the operation be a real estate office only and that landscaping be provided along the north property line. Any other use would require a modification to the PNRD and be granted approval. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 8 No further business. Next scheduled meeting will August 16, 2001. ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. McCurdy. Meeting was adjourned at 8:07 p.m. July 26, 2001 P & Z Meeting Page 9 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY REGULAR MEETING ST. LUCIE COUNTY ADMINISTRATION BUILDING- ROOM 101 July 26, 2001 7:00 P.M. AGENDA~ CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Announcements AGENDA ITEM. 1~.. June 21, 2001, Minutes Action Recommended: Approval. Exhibit # 1' Minutes of June 21,2001, Regular Meeting ~U~01,00~~)New Horizons of the Trea , , '~ AGENDA ITEM , sure Coas ~ Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health services in the I (Institutional) Zoning District. Staff comments by Hank Flores. ' Action Recommended. Approval Exhibit #2' Staff'Report and Site Location Maps AGENDA ITEM~} ~ _ ~]]v~/~ r~a~L ~r~,~--~ Petition of Bingo EmPorium'for a Conditional Use Permit to allow a bingo establishment in the CG (Commercial, General) Zoning District. Staff comments by Hank Flores. Action Recommended: Approval. Exhibit #2' Staff Report and Site Location Maps AGENDA_ITEM 4~ RZ-01-012 - Centur.- 21- PNRD ~ letition of CenturY 21 - PNRD (Culpepper & Terpening, Inc., Agent) for Preliminary Planned on-Residential Development and a Change in Zoning from the HiRD H ~R,e,s~ent.~al' ' D~¢trict) Zoning District to the pNRD (Planned l~on-Re~:-'~--''-'~,u~nua, L~eve~opment'" ( ,utchins. on.._ centuryIsland ~ ) z, onlng District to allow a real estate office. Staff comments by Cyndi Snay. Action Recommended- Approval. Exhibit #2' Staff Report, Site Location Maps, and Site Plan St. Lucie County Planning and Zoning Commission/Local Planning Agency July 26, 2001 Page2 AGENDA ITEM 51 OTHER BUSINESS Ao Other business at Board:Members' discretion. Next regular Planing and Zoning Commission~ocal Planning Agency meeting is .scheduled to be held on Thursday, ~ugust. 16, 200L in Room 101 of the St.! Lucie County Administration Building. ADJOURN NOTICE: All proceedings before the Planning and Zoning Co~ission/Local Planning Agency of St. ' ~ ' . Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning ~Commi.sSion/Local Planning Agency with reSpedt to ~ny matter considered a such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to '.insure tha a verbatim record of the proceedings is made, which :record hearing upon request. Anyone with a disability requiring accommodations to attend this meeting should Contact the St. Lucie COunty Community Services Manager at 561/462-1777 or TDD 561/462-1428 at last forty, eight (48)h°urs pric;r to the meeting.' Any questions about this agenda may be referred-to the St. Lucie County~ Community Development Department- planning Division at 561/462-2822. Agenda Item iq ST. LUCIE PLANNING & ZONING COMMISSION DATE: July 26,2001 Petition: June 21, 2001, Minutes , MR. L 0 UND S JI ~ D t"W D A I~ T T~ ~' l ¥1i ~.. %J l l~rll , MR. TRIAS MR AIKENS MR. JONES MR. HEARN MR. MCCURD Y _ VOTE: COMMENTS: H:\WP~W~P&Z~Z-DOCSXvote rev, 5/01 Agenda Item # 2 ST. LUCIE PLANNING & ZONING COMMISSION DATE: July 26, 2001 Petition: New Horizons of the Treasure Coast (Conditional Use in I Zoning) _ . . ~ __ __ : . ~~ MR. TRIAS ~ ~ .~ . · ~ . MR. LO UND S ~ . . MR. MCCURD Y ~ gOTE: 0 COMMENTS: . H:\WP~WP~&Z~PZ-DOCfXvote · rev. 5/01 Agenda Item # 3 ST. LUCIE PLANNING & ZONING COMMISSION DATE: July 26, 200! Petition: Bingo Emporium (Conditional Use in CG Zoning) i/I'D f~ D A 7~ TT~ ~'~ MR. LO UND S MR AIKENS MR. JONES MR. HEARN I//'D i ,g L-'D D/'r/'rp MR. TRIAS MR. MC CURDY VOTE: COMMENTS: H:\ WP~ WP~P &Z~Z. DO CSXvote rev. 5/01 Agenda Item//, 4 ST. LUCIE PLANNING & ZONING COMMISSION DATE: July 26, 2001 , , Petition:' Century 21. PNRD (Change in Zoning) ]l ~f D f ~ D A 7~ T1~ ~TM , , , MR AIKENS ,,, MR. JONES MR. TRIAS ,, , MR. LO UND S MR. MC CURDY VOTE: ~-0 COMMENTS: H :\ WPX WP~ &Z~Z-DO CSXv ot e rev. 5/01 PLANNING AND ZONING COMMISSION (P&Z) QUORUM SHEET Meeting Date' July 26, 2001 595-2525 C Ed Lounds 464-7675 H Charles Grande 229-9878 H hay Ed Merritt 464-9728 Russell Aikens ~61_~~90~4560:~~q~1. .. ~~5 Ramon Trias 460-2200 W ~6/~ 561-221-8600 W ]~ { _ Fred R. Jones 468-9859 ~ ~ ~: Bill Heam ' 461-7526 C~son McCurdy, Vice Chair ~[ 466-7600 H S~ehn Matthes, Chai~an ~~ 464-3537 W . 5 for quorum H:\WP\WP~P&ZXPZ-DOCS~uorum. sht Rev01/01 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division .MEMORANDUM Planning and Zoning Commission/ Local Planning Agency Members FROM.. Sheree Bell, Senior Accounting Clerk .DATE: July 20, 2001 SUBJECT: P&Z Meeting Please be advised that the P&Z Meeting for July 26 has been moved to the County Commissioner's Chambers on the third floor of the annex building. The time is still scheduled [or 7:00 p.m. Also, the ~/21 minutes are not included in the packet and will be hand-delivered before the meeting on July 26. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MEMORANDUM __ TO: Planning and Zoning Commission/ Local Planning Agency Members .FROM.. DATE: Sheree Bell, Interim Administrative Secretary July 25, 2001 SUBJECT: P&Z Attendance Mr. Charles Grande, Mr. Ed Merritt and Mr. Stefan Matthes will not be attending the P&Z meeting, Thursday, July'2G, 2001. Their absence is excused. Mr. Grande & Mr. Matthes will be out o£town. Mr. Merritt is having surgery. PLANNING AND ZONING COMMISSION (P&Z) ROLL CALL SHEET For Meeting: July 26, 2001 MR. MERRITT MR. McCURD Y MR. LO UND S MR. HEARN MR. TRIAS MR. JONES MR. GRANDE MR. ~ MR. MATTHES Others in Attendance: H :\ WPk WP~ &Z~Z-DO CSXrollcall. p &z rev. 12/99 PLANNING .AND ZONING COMMISSION ~VIEW: 07/26/01 File Number CU-01-003/CU-99-009 ME M O RAND U,M DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: Planning and Zoning Commission Planning Manager ~i~ix(~ DATE: July 18, 2001 SUBJECT: Application ' Of Bingo Emporium, fOr a Conditional Use Permit to allow a Bingo EStablishment in'the CG' (Commercial, General) Zoning District. LOCATION: ZONING DESIGNATION: 8'441 South U.S. Highway No. '1. (Formerly. the location of a Furniture Store in the south end of Palm Plaza) CG '(Commercial, General) LAND USE DESIGNATION: COM (Commercial) PARCEL SI' ZE,. Approximately 9,000 square feet of playing area PROPOSED USE: Bingo Establishment SURROUNDING ZONING: The subject property is. surrounded by the CG (Commercial, General) Zoning District. SURROUNDING ~LAND USES: The subject-property-is surrounded' by the COM (Commercial) Furore Land Use Classification. The general use of the surrounding property is commercial retail. FIRE/EMS PROTECTION: Station #12 (Walton Road) is located approximately 1 mile to the south of the subject property, UTILITY SERVICE- Utility service is provided by Port St. Lucie Utilities. TRANSPORTATION IMPACTS RIGHT'OF-WAY ADEQUACY: The existing right-of-way width for South U.S. Highway No. 1 is 200 feet. July 18, 2001 Page 2 Petition: Bingo Emporium File No.: CU-01-003/CU-99-009 SCHEDULED IMPROVEMENTS: None at this time.. · TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF ~VIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND. DEVELOPMENT CODE ~ In .reviewing this' application for proposed conditional use, the Planning. and Zoning Commission Shall consider and make the following determinations: le Whether the proposed 'conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The 'proposed' conditional use is not in conflict with any applicable portions of the St. Lucie County Land DeVelopment Code. Section 3.01.030(7), cG (commercial,. General) ~Zoning District, allows bingo establishments as. a conditional use with Board of County Commission apprOval. 2~ Whether and the extent to which the proposed conditional use would have an adverse impact on' nearby properties; e The proposed conditional use' is not expected to adversely impact the surrounding. properties. The subject property is located in a commercial area. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and 'mass transit; This conditional Use is not expected to create significant additional demands on any public facilities in this area. Prior to any site plan approvals, the applicant must demonstrate that the project will be served by adequate facilities. 4; Whether and the extent to which the proposed conditional use would'result in significant adverse impacts on the' natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The proposed use is within an existing building and was July 18, 2001 Page 3 Petition: Bingo Emporium File No.-CU,01-003/CU-99-009 fOrmerly the location of a furniture store. The proposed bingo establishment must comply with all. local, state, and federal regulations concerning its development and operation. COMMENT~ 'The applicant, Bingo Emporium, has apPlied for. the requested conditional use in order to ~establiSh.a non-profit ~bingo parlor. Bingo establiShments are allowed~as a conditional use in this zoning district upon approval of the Board.of County commissioners, On January 18, 2000, the' Board of coUnty Commissioners', through ResolUtion 00'004, approved a conditional use permit fOr St, Francis of Assisi CathOlic .Foundation and Entertainment South, Inc., 'a Non-Profit Corporation to operate a bingo eStablishment inthe same location. No. bingo operation was established and the. conditional use permit ~has expired.. In Order to reactivate the bingo establishment, a new conditional use permit must be approved. ~,taff finds that this'petition meets the standards 'of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and. is not in conflict with the .goals, objectives, and policies .of the St. Lucie County Comprehensive Plan. Staff recOmmends that you forward this :petition to the Board of'County'Commissioners with a recommendation of approval, with the following cOndition: The BOard of County Commissioners .shall reserve the right to review the conditional use permit on a semi-annual· basis to ensure that the proposed project Will not have an undue, adverse effect on traffic conditions and parking fi)r the entire shopping center. If the Board~ of County Commissioners determines that parking required for Bingo Emporium is creating' capacity problems fOr the shopping center, the Board may impose restrictio,ns on the hours of operation. Please contact this office if you have any questions on this matter. Attachment hf CC: Walter, Hannon File Suggested motion to recommend approval/denial of this requested conditional use. MOTION.'TO APPROVEA · AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, .INCLUDING STAFF COMMENTS, AND THE' STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, 'I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCre COUNTY BOARD OF GOUTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF BINGO EMPORIUM FOR A CONDITIONAL USE PERMIT TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE .... < [LIST coNDITION(S)] MOTION, TO DENYi AFTER CONSIDE~G THE TESTIMONY PRESENTED DI JRING THE PUBLIC HEARING, INCLUDING STAFF COMMENTs, AND.THE STAND~S OF RENEW AS SET FORTH IN .. SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLYING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCiE CO~TY BOARD OF COUNTY COMMISSIONERS-DENY THE APPLICATION OF BINGO EMPO~UM FOR A CO~ITIONAL USE PERMIT.TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE ... [CITE ~ASON(S) WHY- PLEASE BE SPECIFIC] So , Section 3.01.03 Zoning District Use Regulations CG COMMERCIAL, GENERAL Purpose The purpose of this district is to provide and protect an environment suitable for a wide Variety of commercial ~uses intended to serve a population over a large market area, which do not impose undesirable nOise, vibration, odor, dust, or offenSive effects on the surrounding area,, together with such other uses as may be necessary 'to and compatible with general commercial surroundings. The number in "()" following each identified use corresponds to the SIC Code referenCe described in Section: 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further .defined in Section 2.00.0.0 of this code. Permitted Uses a. e. g. h. i. i. k. I. m. n. p. q. r. $. t. ¥. W. ×. ¥. 2[. bb. dd. ce. ff. gg. Adjustment/collection & credit repOrting services {732) AdVertising (73~) Amphitheaters Arnusements &recreation services, except stadiums, arenas, race tracks, amusement parks and bingo parlors Apparel & accessory stores Automobile dealem Automotive rental, .repairs & serv. (except body repairs) Beauty and barber services Building .materials,.hardWare and garden supply Cleaning services Commercial printing Communications -'except towem Computer programming, data-processing & other computer sen/. Contract construction serv, (office. & interior storage only) Cultural activities and n.ature exhibitions Duplicating, mailing, commercial art/photo. & stenog, serv. (733} Eating places Educational services - except public schools ¢2) Engineering, . accounting, research, management & related services Equipment. rental and leasing services Executive, legislative, and judicial functions Farm labor and management services Financial, insurance, and real estate Food stores Funeral and crematory services (726) Gasoline service stations General merchandise stores (53) Health services Home furniture and furnishings Landscape & horticultural services Laundry, cleaning and garment services Membership organizations except for religious organizations as provided in Section 8.02.01(H) .of this code (86) Miscellaneous retail (see SIC Code Major Group 59): (1) .Drug stores (sst) Adopted August 1, 1990 118 Revised Through 08/01/00 C NOI'~IY3 AJ.Ni"IOO 3380H033~0 A Petition f Bing° Emporium for a Conditional ,Use Permit to allow a Bingo Establishment in ~he CG Zoning District. ---'"D ~ I . I I i I I i I ! i I i ' I . Mediterranean Boulevard i t 1 I I 1 i i I 1 I South 6 I i I I I I' I I I 01-0O3 This pattern indicates subject parcel Sovonno Club Bivd Map prepared June 27, 2001 r. = ;~,:5:- :_=.-.'.=.~.-~,-.-'='- · PUD . Bingo-Emporium ! 1 i I ! I ! I I I I ! I I ! I$ ! 14 I I .M.H-5 ,i I Idediterroneon Boulevard South G CU 01-00'3 '['.his pattern indicates subject parcel I I i 1 i ,RMH-5 , ! I i ! i I I I I I' .._____.d. Savanna Club Blvd Map prepared June 27, 2001 Land 'Use Bingo E.mpori COMI I i I I' ! ! ! ! RU C U 01-003. This pattern .indicates subject parcel I ! I I I um 0 ! I i I ! I ! ,,3 I I i I i i I i I i I I I I I Mediterranean I 1 1 ! ! ! I 1 I ! FIU'', I I ! I Boulevard $ou[h Savanna Club Blvd Map prepared June 27. 2001 ......... .~.~ N · AGENDA- PLANNING &ZONING COMMISSION THURSDAY, JULY 26, 2001 7:00 P'M. Bingo Emporium has petitioned St. Lucie Coun.ty for a Conditional Use permit W allow a Bingo Establishment in .the CG' (COmmercial, General) Zoning District for the following described property: SEE ATTA CI'I~D LEGAL DESCRIPTION Location: 8441 South U.S Highway NO l(Saint Lucie Palm Center). Please note that all proceedings before the Local Planning Agency are electronically recorded.: Ifa Person dec,des to appeal any decision made by the Local Planning Agency with respect to any matter considered at'such meeting or hearing, he will need a record~of t. he . proceedings, and that,, for such purpose, he may need to ensure that a verbatim record of~the proceedings is' made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying. during a hearing will be sworn in. Any party to the proceeding will' be granted an opportunity to cross- examine any individUal testifying during a hearing UPon request. Written comments 'received. in advance of the public hearing will also be cortsidered. Prior to this public hearing, notice.of the same was sent to all adjacent property owners July 11, 2001. Legal notice was publL~hed in the Port St. Lucie News and The Tribune, newspapers of general cirCulation in St. Lucie County, on Junel 3 & 16,2001. File No. CU-01,003 BOARD OF COUNTY COMMISSION£RS July 11, 2001 COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK In accordance With the 'St. Lucie County Land Development Code, you are hereby advised that Bingo Emporium has petitioned St. Lucie County for a Conditional Use permit to allow a Bingo Establishment in the CG (Commercial, General)'Zoning District. Location: 8441 South U.S Highway NO l(Saint Lucie Pahn Center). THE PROPERTY,S LEGAL DESCRIPTION IS AVAILABLE UPON'REQUEST The first public hearing on the petition will be hem at 7:00 P.M., or as soon thereafter as possible, on Thursday, July 26, 2001, Room 101, across from St. Lucie County Civic Center AuditOrium, 2300 Virginia Avenue, Fort Pierce,-FlorMa. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public heating will also .be considered. Written comments to the Pla ~nning and Zoning Commission should be received by the County.Planning Division at least 3 dZtys prior to a scheduled 'heating. County policy discourages communication .with Planning and Zoning commission on any case outside of the scheduled public hearing(s). You may speak at a public heating, or provide written 'comments for-the record. ' The proceedings :of the Planning and Zoning are electronically recorded. If a person decides to appeal any .decision made 'by the .Planning and Zoning with respect' to any matter considered at such meeting or heating, he will need a record of the proceedings.. For such purpose, he may need to ensure that a verbatim record of the proceedings is .made, which record includes the testimony and.evidence upon which the appeal is to ~be based. Upon the request of any party to-the proceeding, individuals testifying during a heating will be swum in. ~y.party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a heating upon request.' If it becomes .necessary, a public hearing may be continued to a date-certaitn. Anyone with a disability requiring accommodation to attend this. meeting.should contact.the St. Lucie County Community Services Director at least forty'eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent t° the above-described parcel, please forward this notice to the new owner. Please Call 561/462-1582 if you .have anY questions, and refer to: File Number CO-01-003. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Stephen Matthes, Chairman JOHN O. BRUHN. District.No. 1 · DOUG COWARD. District Noj 2. o PAOLA A. LEWIS. DiStrict N.0. ,3 · FRANNIE HUTCHINSON'. District No. 4 · CLIFF BARNES. District No. 5 · County Administrator - Douglo$ t~. Anderson - 2300 Virginia Avenue · Fort PierCe, FL 34982-5652 - Administration: (561) 462~15.90 "'Planning: (561) 462?822 · GIS~echnical Services: (56t) 462-1553 Economic Development: (561) 462-1550 o. Fax: (561.) 462-'i581 ]'ourist/Convention: (561) 462-1529 ° 'Fax: (56i) 462-2132 TI-tIS Mi!ET1NG IS RESCi-tEDLq. ED FROM JUt. Y ~, ~ZUU~ 1'O V~iL-tOM I1- MAY CONCERN: · NOTICE is hereby given 'in accordance with SL~ion:. -' 1.1.00.03 'of the. SfL Lucie County Land Deyelop'~f'C .°de' i.'. and !he ~rovisi0ns :of the St. Lucie'.,C0un~..CO~~',~J~' '."' P.'lan~ 'the 'folto.~ing applicants have requested '~i .,Lucie'County Planning and Zoning C0m.mission'.~~ their.following rc, quesl: '. · "~ - · 'i~ ~EN.TUR¥ 21,' for a 'change in Zoning from nlRD.Jl~l~J.chin'~ '.: so~ Island Residential Distridt) Z°ningj Dislrid to the pNRD '-]-(Planned No'i-Residential-District) Zoning Dish'id for the following described properly: Being a parcel of land lying in Government Lol 2, Section 25s Township 34 South~ Range 40 east, St. Lucie Courtt~', Flori- ' da, being more particularly described as I:ollows: . Legal Description: Commencing at the northwesl corner of. said Section 25,' Township 34 South, Range 40 east, St. Lucie County,· .Florida; thence 00°04'19" west, on an · assumed bearing along the west tine of said Section 25, a ' distance of 1321.00 f~.~i to'the north line Of Government Lat 2. in said Segtion 25; .thenc~e' north 89051'29''. east .along the north line of said Government-Lat 2, a distance ;'of..251.60 feet to lhe westerly right-:of, way line of Slate Road A-1 :A; thence '16°28'27" east, a distance of 303,75 · feet; thence 15°57'59" east, a distance of 252.0~ feet to · the. point of beginning, the last .l~vo (2)'courses 'frOm the. · westerly right-0f-v~a~; line of' State Rc/ad A-I.-A; ~ 15°57'59". ecist alonc~ the Wegterly qght~of-w,a~' line. ~f 'State Road A- 1 -A, a distanCe of 103,33 feet; ~erk:e. sooth 80050'40"-. west a distance 'of t 25.69 feet;, tt~eflce' borlh ' '1 l '13'51"- 'wesi/" a' .distance of 94:00'f'~et; I~,en~e' ~o~th. 76°36'16"' east,, a distance of 1.17.16 feet to_ the'point of beginning. Containing' 11,95.0 square feet (0.27.acres, mo~'e.0r'l~s~).. · ' .: Lbcati~n: West side .of North A~.-A,' just s0utli of the North · 'l-tutcflinson island ,Wast~water Treatment Faciliiy~-.- .7..' ~.. - .. , .., . . , -'. ,.:~ -'..~i::~ ': . .........." ~ BtNaO'~MrOmU~.fo~a ~ i i i · ~":'bir~o '~.t~bJishq~t 'in "'the'CG' (Commei'cia! Legal I~scripfiom.PARC~."'.A..- ... -' .' . :-. :':. '--! '.' 'fiat '.~i~n'::0r :Lots !5, '~;'.b.-nd. 7 .of ~Jock. 3. :~. 2e, 'x T0.wnship :36 s'0u.Jh, .Range.:40 .~,ast'0..PJat no. -t .of -SL:LucieL:':~i .' public rec0r~ls of St. Eucje.Coun. fy, IFtorida,' q s..'.dpS~..~; a.s:' L .' ~olio.w. s~'' ~egin' at the., .p~n,t:'..0f intefseCtion:.of:'tJ~,r-_~Y'{}-- "' right~f6way line of' FI0.~.nd.~ '~tate rbad.'rio. 5':(LJ~i~!ji'ci~.d..~:.'i "the' nOrth I]n~·I of.. $6id L6f:'6~:"lhehce ."sob,th'.27~,I~I .'.~','.~.~' ?? '.~ ai'.ohg sai~j:~we~terly right'.Rt~ay'line of FI~...~.'~R.~ .and i cN0. 5'.{U.~; 1.) f6r 4~'5~00.~1~ them:e, south 62.°~.8"~.~.~'~:',~est: :. f6r"35:~00'feet; thence no~ 27°.3t~40'' "~_'t.':~nee nbrth 0O° 00:l'~'eaSt along a:li~parqlldl ".th~' ;~w~st li~e; of saidk [oti.6:~ for -.79.73. feet tbJa':.~'. if{ferseCtion'iol~ 'the n',c~ .~i'n]~ 'of said .Lot. '6, flj~i'."~ ..h:' "'.~19'°.'42'2~" east alon~'~ '"north: line of. sbid.[dJ' 16 ~ :." j'6- feet- and tl~e. sobthe'.~ly,' 30 feet ~Cor r'Oa:d,'' ~il~'and ' '',' . ' ' ~%~ ' ' 1' ' ' - ' dramagepurposes. . ~.~ ,' . ·: .~ , . PARCEl B-.1 : ' ' - ~. 'I ..... '~-" "" ' ' :'"' .'! That..pbrtion of Lots'5', 6,~ahd 7 of Block 3,:Section 26, '.Township. 36 'south, RanC,~ .~0 east,' Plat ~:~ 1-"of"S't, iLecle, .Gardens as recold.ed in~iat book. 1,:~.at page'.35. public,re~ords .of St. Lu~e County, FibriJa, .cles~ribe~l as, folJow~ commence a(t~point of.i..'ite~s'.edJ~noflt~e:west-" of S. Ja.~.~Roa~J NO~ and them. ~ erl.y'i'ight-of-way oS.·(U.S. 1) I~ no~h li~-~e;df said Lot'6, Jh~ce nort~ 89 4~'48~ ~.,esf, - .... I'i 'ru,-,nn. tt~ north line Of'L¢:i~6 35~1.7"7 fe~t tO ~e' I~int of:. ! ' 6egi?~n~\thence ck>~llBu~i .~ort~ ~°.4~'28'.We~; &i0ng · l' af.o. rescid I~..e"~0.00 feet;:'~h~nct~If0utt{ 00e00!I9.'".· west~. I. :..00°0.0't0." '~t.'K0.71~'f,~t':,;t6 ~ ~,int 6f, l~nni,cj;~£ess..' j3. N~W-HOR~ZO"S O~: TH~ T~IsU'R"~ C-O^S~":~," ,:,'.' i 'm~'i8'; .ddiust,~bnt to..'~,r, ~isting CJdition~ U~ in:the ~. ! · (l~'~Jituti6nal) Zoning District'for ~he Jllbwing~O~~; r ~ j J 'Legal De~izriptiori:. M. Odel. L-and. SuJ:livision Of .SectiO~'.6;. J Township.36 South, i~an~le '40E,eLoJl 3:. in,-the nod~.'. ~f..,,- J Ii, ss a strip of tdn~! f~r c~)ad right.-ofJ-0y'on the sobth..63~7'. ' Jft on the west end dr~d', 64.03 fi 'onJ~ east end; St'- Lu~:ie:. J'.'COunty, F~o~ido. '! '-' .J' : .'"..' ....:' j Locotion: 4500 Midwo'i Road. IPu'BLJc HE;~R~LI'~S .wi,.'"~,~ held in ~om' ~;.".'.." ." '- '..-."-,."' ..... :..'-.'--.'."'.-i.... .... ."-' U~SU^~T TO .S~ion'~8610 J'05, 'F~J,;ua. St,:',,~..~,~"~' .r~"'-"- '- 'Soi'l'/'decides to appeal 'a~¥ 'dL~::isiJ~n':' mc~d~: by'"0'" · .~ , ,.. ~ .. . . ,.,g,~ ...., .. . .'. .... proceedings, and that, .fo~: such pl~'~o~es; he may ~ .to.. · en~ure thqi a ,,erbatim r~:or~l °f.6,~ ~r~e~incj~,is'md~le;'." · ,,,~!~.~, ,~ o,~,~.!.!~,o ~ ~,~d./-.':' .. ..." '.~'. ~LANNING AND ZONING COM'MIS'SlON sT.'-:[UCtE COUNTY,.FLORiD,~ ;' I" :. - . . ,....,.'..~.,. ' · .,.... .... .;,,.. .'... ',... ; .:.:'.'. ...-'...~,~.i..,,,~,.:..:-...;:.. · _,-' ~' .-"' ".".-'.i" "' .,"". '-.:- · -,:'. · . . · . ..- .. · · .. · TO' FROM: DATE- SUBJECT: PLA~ING AND ZONING COMMISSION REVIEW: 07/26/01 File Number CU-01-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager -~~\(~ July 18, 2001 ~Application of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District. LOCATION: ZONING DESIGNATION: LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: 4500 West MidWay Road I (Institutional) RS (Residential Suburban) 9.06 acres Mental Health Facility (medical and other health serviceS) I (Institutional) is located to' the west. AR-1 (Agricultural, Residential - 1 du/acre) is located to the north and east. The properties south of Midway Road are within the city limits of. Port. St. Lucie with an RS-2 (Residential, Single-Family 2 du/acre) Zoning Designation. The existing land use surrounding the subject property, is developed into institutional uses and some residential homes.. The Sheriff's Office and Post Office are located to the west~ as'well as, the existing New Horizons facility. Station #6 (350 East'Midway Road ) is located approximately 3 miles to the east. July 18, 2001 Page 2 Petition: New Horizons~ of the Treasure Coast File No.: CU-01-004 UTILITY SERVICE: Water 'and sewer service will be provided by the Ft. Pierce Utilities' Authority (FPUA). TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The exiSting fight-of-way width for West Midway Road is 80 feet. -: '- SCHEDULED IMPROVEMENTS: None. TYPE 'OF CONCURRENCY DOCUMENT ~QUI~D: Certificate ~of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, 'ST. LUCIE COUNTY LAND DEVELOPMENT' CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: le Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not.in conflict.with any applicable portions of the St. Lucie County Land Development Code.-Section 3.01.03(X)(7), I (Institutional) ZOning District, allows mental health facilities (medical and other health services) as conditional uses with'Board of County Commission approval. e Whether and' the extent to which the proposed conditional use would have an . adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding prope~ies. Adequate public facilities for this use are available.~ The proposed conditional use is in conjunction with the existing New Horizons facility located directly to the west. The subject property will be used as additional office space for the existing office facility. July 18, 2001 Page 3 Petition: New Horizons of the Treasure Coast File No.: CU-01-004 ge¸ Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste, disposal, water, seWer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The single-family home, located on the subject property will be converted to commercial uses. No other structures are planned at this time. e Whether and the extent to which the proposed conditional use would result in significant, adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The existing structure complies with all local, state, and federal regulations concerning its development and operation. COMMENTS The applicant, New HoriZons of the Treasure Coast, has applied for the requested major .adjustment to an existing conditional use in order .to use .the Subject property as an office for their existing operations located dkectly to the west of the subject property. Mental health facilities (medical' and other health services) are allowed as a conditional use in this zoning district upon approval of the Board of CoUnty Commissioners. staff finds that this petition meets the standards of review as set forth in SectiOn 11.07..03 of the St. LuCie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that YOu forward this petition to the Board .of County Commissioners with a recommendation of apProval. No special conditions have been recommended.' Please contact this office if you have any questions on this matter. Attachment hf CCi M,L. Silberman J.P. Butch Terpening.. File Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING 'THE TESTIMONY PRESENTED DUR/NG THE PUBLIC HEARING, INCLUDING ST~F COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH FN SECTION 11.07.03, ST.. LUCIE COUNTY LAND DEVELOPMENT CODE, I HE .REBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE CO.UNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF NEW HORIZONS OF TItE T~ASURE COAST, FOR A CONDITIONAL USE PERMIT TO 'ALLOW MENTAL HEALTH SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE... [LIST CONDiTION(S)] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARinG, INCL~~G ST~F CO~ENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT' THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE CO~TY BOA~ OF CO~TY COMMISSIONERS DENY THE APPLICATION OF NEW HORIZONS OF THE TREASURE 'COAST, FOR A CONDITIONAL USE PERMIT TO ALLOW MENTAL HEALTH SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT... ACCESSORIES IN THE AG-I (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] X. I__ INSTITUTIONAL . . , . , . 1. Purpose Section 3.01.03 Zoning District Use Regulations The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi.publiC uses, together with such other uses as may be compatible with institutional, public, and quasi-public surroundings, The number in "0" following each identified use corres onds t SiC code reference deScribed in Secti°n '3 01 0?~'R~ Th,~ -~',-~-~ ..... - ,- : ' 'p O the ,-/. ,,,.. ,,u~uer ~ applies [o a uSe not deft under the SIC code but may .be 'further defined .in Section 2.00.00 of this code. ined Permitted Uses a, d.o Community residential homes subject to the provisions of Section 7.10.07. (999) Family day care hOmes. (999) Family residential.homeS provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided .that the sponsoring, agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at .the time of home occupancy that the home is licensed by HRS. Institutional residential homes. Parks, (999) Police &fire protection Recreational activities. Religious organizations .(sss) Lot Size Requirements Lot size requirements shall be:in accordance with Section 7.04.00. Dimensional Regulations 'Dimensional requirements shall be in accordance with Section 7.04.00. Off--street Parking and Loading Requirements Off-,Street parking and loading requirements are subje(~t to Section 7.06.00. Landscaping Requirements Landscaping requirements are subject to SeCtion 7.09.00. Conditional Uses a. Amphitheaters. m99) Cemeteries. (8553) Membership organizatiOns (86) Correctional inStitutions. (9223) Cultural activities 'and nature exhibitions. (999) Educational services and facilities (82) Executive, legislative,, and judicial functions. (91,92.93,94,95.96.97) Adopted August 1, 1990 132 Revised Through 08/01/00 zisnihgNew F'.._~ri'zon.s ! I I I I i i I I I I i I i ! ! I I 2.~.~ I I I I ! I I i I ! ! I i I ! I I I ! i I ! I I I ! I ! I I i I ! ! 1 I 19.08 Ac Wes t Mid Road of the TreasurC. Coast · . I I ' RS-2 , i i ' I --' J ' I ~ .' I ! ! I I ! I ! I I - 1 , _ AR-1 1 I ! i I I i ! I Drive R, ' .. :"'-2. :"..- o :°'o-. -".. o :~'...:''' :-~. '-.oo:-.-.-".. '..:°o.:-..::.... '..:° :.' .-'" ." :"--,.o .' :"-- :"-- o:".. - :".o " -:.o.. -- - . .',-' .-.- .-.::..-°...°._. CU 01-004 & BCC 01-004 This pattern indicates 'subject parcel ' '-:"" '- ;:,' '"i ~,, ' ~:!.-'_':.-~::;:::.'-:5:~ This pattern indicates City of Port St. kucie o Map prepared June 26. 2001 A .?etition of New Hoz'..)ns of the Treasure Coast l:or ~ EXisting ConditiOnal U.~ lajor Adjustment to a in the I Zoning-, District, " 6' .' 5 I ,¢ I ~.oa ~ . t ! I I ' ,; I. 25.55 AC ! I I i I I I I I I I 1 I I t I I I 1 I I I I I I I I I I I I West Mi Rood j. :Drive ' Re, ol Circle ::,,- :,,'-: ,: o... ~ ,,, -. ,..,: ..., o ,-,.,o , .: '., CU 01-004. & BCC 01-004 ~///~This pattern indicates subject parcel ~;,~':..~_,:..: .:~ This pattern indicates City of Po~ St. Lucie Map prepared June 26,2(X)1 L.'an~ Use New i':._ 3rizons of the Treasur'b Coast I · I ' ~ ! I ~ '1 I I . 1 I ! - 1 I' I , ! I I - ! I I 23.56 Ac I i I ! ! I I I i I I I I 1 I I I I I ! ! I I ! I- i I ! I I Road I I 'i I i i Drive Circle . .....'-.....: :.-.:: ... -. :,; -:'o.. : ":"' ":--:-:.: :':'-:.: :~' :.: :::'-:!: ~';' .:i: ~':' (~';' .:i: CU 01-004 & BCC 01-004 ~ This pattern, indicates subject parcel This pattern indicates City of Port St. Lucie . Map I~epared June 26. 2001 ~'~'~-'~:~-~"~--.---,--..--.~ ~----'-' ~'-' ' N .4© s ~[': L S 9; I )d. NnOO ~80HO~.::I~O · AGENDA - PLANNING &ZONING COMMISSION 7:00 P.M. New Horizons of the'Treasure Coast has petitioned St. Lucie County for a major adjustment to an Existing ConditiOnal Use in the l (Institutional) Zoning District for the following described property: SEE ATTACHED LEGAL DESCRIPTION Location: ~4500 West Midway Road, Ft. Pierce, FL. Please note-that all proceedings before the Local Planning Agency are electronically recorded. If a person dec/des to appeal any decision made by the Local Planning Agency with ' respect to any matter considered at such 'meeting or hea~ng, he will need a record of the proceedings, and that, for such purpose, he-may need to ensure that a verbatim record of the ~i · · · p oceed~ngs.~s made, which record includes the t~timony and evidenceupon which the appeal is to be based..upon the request of any party to the proceeding, individuals testifying dur/ng a hearing will' be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individuaI testifying dU~ng a he a~ng upon request. Written comments received .in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent. to all adjacent property owners July 11, 2001. Legal notice wa~ publ~hed, in the Port St. Lucie Nc, ms and The 'l~bune,. newspapers of general circulation in St. Lucie County, on June13 & 16,2001. File No. CU-01-004 BOAR[) OF COUNTY COMMISSION£RS July 11, 2001 COMMUN ITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that New Horizons of the Treasure Coast has petitioned St, LUcie County for a major adjustment to an Existing Conditional Usein the I (Institutional) Zoning District. Location: 4500 West Midway Road, Ft. Pterce, FL. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Thursday, July 26, 2001, Room 101, across from St: Lucie County Civic Center Auditorium, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given :an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Co~ssion should be received by the County Planning Division at least 3 days prior to a sCheduled hearing. · County. policy discourages communication with Planning and Zoning Commission on any case outside of the scheduled public heating(s). You. may .speak at a public heating, or provide written comments for the record. The proceedings of the Planning and Zoning are electronically recorded. If a person decides to .appeal any decision made by the Planning and Zoning with respect to any matter considered at such. meeting or heating, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and'evidence upon whch the appeal is to be based. Upon the request of any party to the preceding, individuals 'testifying during a hearing will be sworn .in. Any party to the proceeding~ will be granted an opportunity to cross-examine any individual testifying during a hearing upon' request. If it becomes .necess~, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this'meeting should contact the St. Lucie ~County Community Services Director at least forty-eight (48) hours' prior to'the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the. above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number CU-01-004. Sincerely, ST. LUCIE CO~Y BOARD OF COMMISSIONERS rannie Hutc~nson, ChairWom&n JOHN D. BRUHN. District No. 1 · DOUG COWARD, District No. 2 o PAULA A. LEWIS, Distdct No.~3 ° FRANNIE HUTCHINSON, District No. 4 · CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-:5652 Administration: (561~) 462-1590 · Planning: (561) 462-2822 · GIS/Technical Services: (56I) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561 ) 462-1529 · Fax: (561 ) 462-2132 , J II .., lm~i~l ~ ! ~ ' ' , : ' ' ~l. mJ I~ ~ :~ --'~.o'-,~; · ' ~:~.~ :~i: . ' : : ~' : ! t ~ ' : , ' : i !t :, ,. . . , ~ , : i , ; t . . . . : ..........., - ~1 '~ ~ ~ z j ..... ~i.~.; ~i~l~ ~1~ ~.~= ~:> ~jltz ., '; ,,~. ~ : I ~ t f '.: . ' , ~'~ . ~; '~" ' ' ' t ~1 ' ~ ~ ~'~ '~ ~ ~ ' .0 .... ~ 1 .......... r ..... , ................. ' ' i j ~ , t : ~ ~ ~ i ~ =~~,.~ ,'~."-" ~.~:~'-~ '~l~t !~l~~t~''~~'~'t~l~! ~ :~ ~ ~ ~ ~ ~,,~ ~;'-"~-'- ~~ '-'~' ~ ~.~. ~ ....... ~! ~!~~! " ' ' :~'~.~ ' ' " : ~ '' ~ ~'~ ~ ~-~ 0 ~ ; ~' ,[ , 1'o vVIJOM I'i- MAY CONCERN: · . I "I 1:00:03'of lhb, St':,Lucie County L~nd Oeyelop~'.C~ I'.': dnd ~e brovisiOns;°f the SI. 'Lucie':Count)r. Co.,.m~..~? 'l ?'p'lahi'the:'f°ll°'~ing applicants tiave requesfecl I :Lude'Counfy Planning and Zoning 'C0m.mission',~~ lhelr.fotlbwing r~quest: So~ island Residential. Distrid't) Zoning Distrid to . (P|anoed No~i-Residentio! District) ZOning Dist?ict for .the ' following described properly: Being a parcel of land lying in Government Lot 2, Seclion Township 34, Soulh, Range 40 east, St. Lucie Com~l~, Flori- da, being more particularly described as .follows: Legal Description: Commencing at the northwest corne~ of said Seclio~ 25,' Township 34 South, Range 40 east, St. Lucie County,' Florida; thence 00°04'19'' assumed bearin~l along the west line of said Section '~dislance of 1321.00 feel lo'the north line of Government Lot' 2. in said Sec-lion 25: .thence' north 89°51'29"-east . along, the north li~e of said ~overnment' Lot 2, a distance , 'of :251..60 feet to the west~ ly rightZof-way line of Slate Road A-!zA; lhence'16°28'27" east, a distance'of 303.75 . feet; thence 15°57'59'. east, a' distance of 252.05 feet the. point of beginning, the last .two (2) courses ~om the we~o'erly right-0f-~aY line of State Re'ad A-1.-A; thence I'5 57"59" ecist along the Westerly r~ght'°fi~,~aY i~ne Of 'State Road A-l-A, a distance of 103.33 feet; ,Tt~e. sooth 80050'40". west, a distance'of i'25.69 feet; thence '-.north .11'13'51"- 'west,'.a..distance of 94~00' feet;' theme north 76o36'16"'east,.a distance of ! 17.16 feet to tile' point of beginning. Containing' 1'1,950 .square feet (0.27~acres0 more or. I~ss).. ' :l-lutc~nson' Jsland,wastewater Trec~t. men.~ .Faci!ily~- - -,.. ':. ."!'i.': ' . -"...."~ ' "' -. ' 'in :'the' CG (Commercial . " · .. .. · , . ~ :o~ ~ ~,:" ' ~ast', .plat ~.-~ 1, 27° .3'1'40" said ~ot line .... :: 368.77 feet -.'.~i:.) :'-~" ~.i'ii.':-: ..: ..-..-::.'?:i:?:::;.,.::~.~...::;.;?...,::.:.:!:...'~..: ~-~:.; ~..i'~s.~e,,t ,:,nd . ,,~..[ ~ · _ , hip 36 south. Rani'~. ~0 east; Plat ~:- I- .Gardens as recotd.C~d'inj~lat boo~. 1,:~at page'-35 of.'lhe ' public,re~ords of St. Lue.e Cc/unty, FlbdJ~, .[~es~ribed a~. :. Joliow~ commence al' ll~oint of.~te~s .e~i~m of-tl~e west- '. edY' Hght-of*way of stq~. Rbad No~ 5.[(U.S. 1) and. the. go~'h lir~;6f said Lot'6, 'tf~ce nOrt~ 89°4~'48~ West.: -' _ '~ng-t~ north line Of~L¢:]'6, 35~.77 t~e~t to ~ .point of, · 6e~i,~'j~,,-,'.x. thence Cb~u~i ~ortf 819°.4~'28''' ~. ~.,-%,~d''~:~-~o:o0 ~,; ~' ~.,/0ut~ 00°~0:"~ 9".: w~;. .ocdt~o~:"8;~2~. . . . s,~I~.uLs,. . ,. H~hwaY. 1. ~'. . .. : ." ' '. ... ' 3. NEW-H~DRIZON'$ OF THE TRE~SUR'E COAST':~:~' a .ma[~; ~djustm'e,t toi~n ~xisting c~dition~i u;e ia'the I · (l~'~Jitutib~al) Zoning 0istrict'for ~e Jilbwing properly:; ./ 'Legal De~Criptiori: /~.odel L. and. Sul:livislon of Secti°~ .6; [ess a Strip of Idn~i j~ c~d right-oflray' on Ihe sobth .63;7 ft on the west end ~; 64~03 fl onh east end~ St: Lin:ir- COunty, Florida. ' "" ! : . '". ".'. ': Location: ~JSO0 Midwa-/~ Road. ! ' · "'.. ' PU'~UC HEARINGS ,wit held in 4 .' ..'Pie. ce', "!:~orido.on:J,,¥]:~6,'.~00 be~ . .~ .~_' at a meeting dr I~e~ring~ J e 4!l. need ~"ecor~l'.o.f. the ~fOceeciing$, and' ll~c~t' to~ 'Suct ~p4~X~es, he may ~ ·to. · e~gure thqi a verbati~ record o(.~' l~r~Ceecling~'is~mciae~' ~,~hiCh' re~rd indude~ thL testimony and ev'~encg -which. the appecd is ~o be based./i [ '~' ~^~NG ^~O'ZON~NG C0~'~$'$~O~ - ~I'.[UCtE COUNTY, FLORID~ ' i ~ . ~....... '.:~.: · i?s/.,..~!~?;, ~a,~.~, C~,R~^.N :'.!!...: '.. ...... - ., .' '. ' · ' PLANNING AND ZO~G COMMISSION .REVIEW: 7/26/01 File Number RZ-01,012, PUD-00-002 and MNSP-00-006 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: DATE: Planning and Zoning Commission ,~/ P lann in g .Man ag er July 19, 2001 SUBJECT: ApPliCation of Century 21 Preferred Properties, for a Planned Nonresidential Development approval for the Project Known as Century21 Real Estate Office, and for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning Districts to the P~ (Planned NOnresidential Development -'Century 21) Zoning District for a 0.27 acre.land tract to allow: the construction of a 2,492'square foot :(building- 1,792 square feet,, garage .696 square feet) building. LOCATION: West side of North A-l-A, just south of the North Hutchinson Island Wastewater Treatment Facility ONING DESIGNATION: HIRD (Hutchinson Island Residential District) PROPOSED ZONING: LAND USE DESIGNATION: PARCEL SIZE: PNRD (planned Nonresidential Development - Century 21) RM (Residential. Medium) 0.27 acre PROPOSED USE: A 1,792 square foot real estate office SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: U (Utilities) to the North, HIRD to the south, east and west RM (Residential Medium) to the north, south, east and west. Station #9 (3595 N A-l-A), is located approximately one mile to the -north. UTILITY SERVICE: St. Lucie County Utilities TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: North A-1-A has a right, of-way width of 100 feet. July 19, 2001 Petition: Century 21 Preferred Properties Page 2 File No.: RZ-01-012, PUD-01,002 and MNSP-00-006 SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing.this application for proposed rezoning, the Planning and Zoning Commission shall consider the following determinations: le Whether the proposed rezoning is in .conflict with any applicable portions of'the St. Lucie County Land Development Code; The applicant is ~requesting a preliminary and final PNRD (Planned Nonresidential ~Development) approval for the entire 0,27-acre tract of land. The proposed rezoning has been determined to not be in conflict with any ~applicable provision of the .St. Lucie 'County Land Development Code. The application for.Preliminary Planned Nonresidential Development (PNRD)approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all ~applicable standards of review. Section 7,02.03(E)(1) allows for a reduction in the total number of parking spaces required for a specific development. The applicant has requested a reduction in the total required of parking spaces from nine to six. The applicant has provided the following supporting information: ao b. c. d, This project is a proposed real estate office with will employ three people during the.period of 8:00 am'to 5:00 pm. There will be no deliVeries to the office other than the US Mail and overnight express companies. Them will always be three parking spaces available with the availability 'of the loading zone to accommodate any overflow needs. All semi-annual sale meetings will .be scheduled so that they do not conflict with deliveries; therefore, sufficient parking will always be available. taft has rewewed the apphcant s justification and agrees.with the request for a reduction in the total number of parking spaces from nine to six. e Whether the: proposed amendment is cOnsistent with all elements of the St. Lucie County ComprehensiVe Plan; The applicant has demonstrated that the proposed PNRD (Planned Non-Residential Development) atnendment is consistent with all elements of the St. Lucie COunty ComPrehensive Plan. -Policy 1.1.8.4 allows for commemial uses cOnsistent with Commercial Office (CO) and Commercial July 19, 2001 Petition: Century 21 Preferred Properties Page 3 File NO.: RZ-01-012, PUD-01-002 and MNSP-00-006 4~ e e e Neighborhood (CN) on properties that have an underlying'residential future land use if the standards of the section are met. Those Standards are met by the subject property which is located within the RM (Residential Medium) future land Use designation. According to SeCtion 3.01.03(.Q) permits real estate offices as a permitted use in the Commercial NeighborhOOd zoning distriCt. The proposed rezoning is consistent with all other elements of the Comprehensive Plan. Therefore, the proposed petition is consistent with the St. Lucie County Comprehensive Plan. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; This proposed change in zoning and the accompanying Planned NOnresidential Development site pl'an is consistent with.the existing and proPosed uses Within the area. The property located to the north of the subject propeay contains the St. Lucie County North Hutchinson Island Waste Water Treatment Facility. The proposed.real estate office is compatible with the existing wastewater treatment facility to the noah and the reSidential .uses to the~soUth and east. The location will also minimize ~the impact of the real estate office on the surrounding uses. Whether there have been changed conditiOns that require an amendment; There are no changes that would require an amendment. Whether.and the extent to which the proposed amendment would result in-demands on public facilities, and whether or to the extent to which the proposed amendment would .exceed the caPacity of such. public facilities, including :but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The applicant is proposing 1,792 square foot real estate office resulting in minimal demands On public facilities. The applicant has received confirmation that sufficient capacity if available to meet the demands of the proposed project. North A-1-A has sufficient capacity to meet the traffic demands generated by the proposed development. Whether and the extent to which the proposed amendment would result in significant adverse e The subject property proposed for development was previously cleared. There is no significant native vegetation located on the subject site. Whether and. the extent to which the proposed amendment would result in an orderly and logical development pattern specifically~ identifying any negative affec~ of such patterns; The subject site is designated with a RM(Residential Medium) Future Land Use Map designation which permits the development ora Planned Nonresidential Development which maintains the.uses permitted Within the Commercial Neighborhood (CN) and 'Commercial Office (CO) Zoning DiStricts. The applicant's request is for a 1,792 square foot real estate office. Within the CN (Commercial NeighborhOod) Zoning District real estate offices are permitted uses. The property to the north of the subject parcel is the. North Hutchinson Island Waste Water Treatment Facility. The properties to the July 19, 2001 Petition: Century 21 Preferred Properties Page 4 File No.: RZ-01-012, PUD,01-002 and MNSP-00-006 east.are developed as the Sea Palms Condominium and Tiara Towers Condominium. The Sands residential project lies to the south ~and west. With the development of this (PNRD) Planned Non- Residential Development~the general character of the surrounding properties will not change from the existing residential character. ge Whether the proposed 'amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose-and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Century ~21 Preferred Properties, is seeking approval for a preliminary and final P~ (Planned Non-Residential Development) for the Century 21 Preferred prOperties Minor Site Plan to permit the construction of a 1,792.Square foOt real estate office on a-0.27 .acre pamel of land located on the west Side-of North A-i-A, just south of the No~h Hutchinson Island Waste Water Treatment Facility. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Non- Residential Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in. Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the .goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the following condition: o The subject property will be pemtted a reduction in the number of required parking spaces from nine to six. Please contact this 'office if you haVe any questions on this matter. Attachment cs CC: ) Century 21 .Preferred Properties Eric Zeiss, Culpepper & Te~ening, Inc. File July 19, 2001 Petition: Century 21 Preferred Properties Page 5 File No.: RZ-01-012, PUD-01-002 and. MNSP-00-006 Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND T~ STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT' CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT T~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CENTURY 2'1 PREFERRED PROPERTIES, FOR A PRELIMINARY AND FINAL PLANED NON-RESiDENTIAL DEVELOPMENT APPROVAL.FOR THE PROJECT KNOWN'AS CENTURY 21, AND FOR A CHANGE IN ZONING'FROM THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTICT) ZONING DISTRICT TO THE PNRD (PLANED NON-~SIDENTIAL DEVELOPMENT-CENTURY 21-PNRD) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION, TO :DENY~ AFTER CONS~ERING THE'TESTIMONY PRESENTED D~G THE PUBLIC HEARING, INCLUD~G STAFF COMMENTS, AND THE STANDARDS' OF ~VIEW'AS SETFORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I..~~BY MOVE THAT THE PLANNING AND ZONING COMMISSION · RECOMMEND THAT T~ ST. LUCIE CO~TY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF CENTURY 21 'PREFERRED PROPERTIES, FOR A-PREL~IN~Y.~ FINAL PLANNED NON~SIDENTI~ DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CENT~Y 21 PNRD AND FOR A CHANGE IN ZONING FROM THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT TO T~ P~D' (PLANED NON-RES'IDE~I~ DEVELOPME~ - CENTURY 21 - PNRD) ZONING DISTRICT, BECAUSE... [CITE ~ASON(S)WHY - PLEASE BE SPEC~IC] 'AGENDA -PLANNING &. ZONING COMMISSION THURSDAY, JULY 26,~' 2001 7:00 P.M. Century 21 has petitioned St. Lucie County for a Change in Zoning from the HIRD (Hutchinson Island Residential DistricO to .the PNRD-(Planned Non-Residential DistricO for the following described property: SEE ATTACHED LEGAL DESCRIPTION Location: West side of North A'l-A, just south of the North Hutchinson Island Wastewater Treatment Facility. Please note that all prOceedings .before the Local Planning Agency are electronically recorded. Ifa person decides to appeal any .decision made by the Local Planning Agency with respect to any matter considered at..such meeting or hearing, he will need a record of the proceedings, and that, for Such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record' includes the testimony and evidence upon which the appeal is to be .based. Upon the request of any pa~rty to the proceeding, individuals testifying during a hearing tVill be sworn, in.. Any Party to the proceeding will be'granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners JUly 13' 2001. l.~gal notice wa~ publ~hed in the Port St. Lucie News and The Tribune, newspapers of general circulatiOn in St. Lucie County, on June13 & 16,2001. File No. R~01-012 +--, 0 C -CD (D '- OVOB (]VOtJ 033N$ s s~~ ~NnO0 338OH033~O / / A ,Petition of Century 2]--'referred Proper[les for ach,, ~je in zoning HIRD (Hutchinson Islana Residential District)to the PI~D (Planned Residential District) Zoning District. ,'3 ! I \ / \ ,,,, 01-012 ~¥hi's pattern indicates subject .parcel from Non 7 Map prepared June 4, 2001 the N Land Use ,,,) 1 / 1 Centa, y RM 21 \ ! I I \ / \ 8 / \ ./ RZ 01-012 / This pattern indicates ..... subiect parcel Preferred P, o.perties PUB \ \ \ \ \ \ \ \ 6 7 RM _ , Map prepared June 4, 2001 . Zoning ,,,) PUD Cent~,, y 21 Preferred F, operties U / / / R HIRD I I \ / \ 8 / \ 01-012 Th-is pattern indicates sLJbject parcel Map prepared June 4, 2001 N ; JUL~ 6. Friday, July 13, 2001 Board of County Commissioners Att: Stephen Matthes/Chairman St. Lucie Planning Commission Re' Rezoning CentUry 21 property opPosite the filtration.plant from HIRD to PNRD N. HutchiSon Isl. Dear Chairman, I am.a Resident of Tiara Towem, just south of the Im~d for the pending rezoning petition. My vote is against sUCh a change. Note that Tiara Towers pays about $400,000 in taxes each and ' ' every'year. We demand and expect~that the area be kept as a desirable residential home site. Question: If such a rezoning takes place, Mil our yearly taxes decrease? We both know the answer. Why is the hearing :on JUly 1-9th when most of the local residence are up north? 'Strange? Regards, Norman Molz 3 I20 North A1A Condo 301 S°uth Ft. Pierce, FL 23939 AA. HIRD 1. Purpose . . Section 3.01.03 Zoning District Use Regulations HUTCHINSON ISLAND RESIDENTIAL DISTRICT The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is resPectful of .the-natural resources and value of the barrier islands and can be supported by available public and private services.. HIRD is intended to .ensure .that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private ,facilities, and that protects preserves and,enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes'a unique and-Valuable public resource, that plays, a vital role in defining theCounty's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands-while conserving the natural and human values the islands represent. Given, the environmentally sensitive nature of barrier islands, HIRD is designed to ensure that growth and development is clustered away from environmentally sensitive lands and is limited .to the more tolerant, upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County Comprehensive Plan. ' Intent of Application b. 'It is the intent of the Board of County Commissioners that.HIRD shall apply to all multi-family residential prope~, in the 'unincorporated areas of North and South Hutchinson Island. No application 'for an amendment to this code, shall be accepted which proposes to change the zoning classification of any land on North. or South Hutchinson Island to a classification other than, to:-Hutchinson ,Island Residential District (HIRD); Planned Unit Development (PUD);~ Planned. NomResidential Development (PNRD); Planned MiXed Use Development (PMUD); utilities(U); Institutional (I); Religious FaCilities (RF); any Residential, Estate (RE-1 or RE-2) orany Residential, Single Family (RS-2, RS-3, RS-4) zoning .district. Any residential development on North: or South Hutchinson Island must be consistent with Paragraphs 4, 5, 6, 7, 8 and 9 of'this Section. Subdistricts For the purposes of this District, land's located on North and South Hutchinson Island are hereby classified into the folloWing subdistricts: a. North Hutchinson Island Residential District (NHIRD), which includes those lands located on North Hutchinson Island in St. Lucie County; b. South Hutchinson Island Residential District, North (SHIRD-N), which includes those lands located on South HutChinSon Island between the, Florida Power & Light Company nuclear power plant and the city limits of the City of Fort Pierce; and South HutChinson Island Residential District, South. (SHIRD-S), which includes those lands located on South Hutchinson Island between the FlOrida Power & Light'Company nuclear power plant and Martin County. Adopted August 1, 1990 137 Revised: Through 08/0-1/00 4~ [Environmental Zones Section 3.01.03 Zoning DistdctUse Regulations For the purposes of this District, all lands located on North and South Hutchinson Island are classified into. one of the following environmental zones based on their geologic, hydrologic, topographic, and biologic character- a. b. Dune Preservation Zone, which includes thOse lands lying betWeen the mean high water line to the east and the western edge of the primary dune system, as defined by vegetation and eleVation. The Dune Preservation Zone shall have the characteriStics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural Environmental Analysis, of the St.. Lucie County Barrier island Study: Analysis of Growth Management Policy Plan (August, 1982). Where the western edge of the primary dune system cannot be ascertained, the Dune Preservation Zone shall be set by reference to a management/restoration plan that has been prepared based on natural coastal dynamics. Uplands, which include those lands lying weSt of the western edge of the primary dune system and: which are not classified as wetlands as defined in paragraph (¢) of this subsection. C.' Wetlands, which include: those lands lying west of the western edge of.the prima~ dune system that are above: the eleVation of mean high water and are included in the landward .extent of waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of.adoption of this Code. 5. Permitted Uses The following uses .shall be permitted as of right in environmental zones in the '.Hutchinson Island Residential District: a. Dune Preservation. Zone: b. C. (1) (2) (3) proposed for development. Elevated walkways. ReCreational uses not involving structures other than' elevated walkways. Uplands: (1) (2) (3) (4) (5) Residential densities that can be clustered to Uplands located' on the 'parcel _ Detached single 'family dwelling units. Two and three family dWelling units. Multiple family dwelling units. Parks, ACcessory uses, subject to the requirements of Section 8.00.00. Wetlands: (~) .Residential densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkways. Bridges and bridge approaches. (2) (3) Adopted August 1, 1990 138 Revised ThrOugh 08/0' 1/00 Section 3.01.03 Zonin9 Dis~ct Use Regulations o . (4) For that pOrtion filled in accord with permits received from federal and state agencies exercising jurisdiction over-such area, any permitted Uplands use. Conditional Uses a. Dune Preservation Zone: (1) None. b. (~) (2): Uplands: . Hotel, motel, resort, rooming and boarding houses, tourist court, and time-Share or transient lodging facilities With rooms or. dwelling units used for occupancieS of less than four.weeks, provided that the number of rooms does not exceed the residential densities set forth .in subsection 7 of this Section. (999) Athletic and entertainment clubs or facilities, provided that the proposed use.will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. C. (3) Bed and Breakfast. Residences, subject to the requirements of Section 7.10.20. (4) Telecommunication towers - subject to the.standards of Section 7.10.23 Wetlands- (~) Marinas and boat launching facilities, provided that the area of wetland altered does not exceed five. (5%) percent of the wetlands located on the parcel proposed for development; (2) Utility transmission facilities; (3) For that po.dion filled in accord with permits 'received from Federal and State agencies exerCising jurisdiction over such area, any conditional upland use. Residential Densities a. Maximum. Residential Densities Except as provided in paragraphs b and c of. this subsection, no structure shall be constructed, .built, mOved, remodeled, occupied,, or used as a residential use at a density greater than the applicable maximum residential density set forth in this paragraph. MAXIMUM RESIDEN'J'IAL DENSITIES (~pressed as percentage of maximum densi~ set forth in the future land use' designation of'the,SL LUcie CoUnW ~compmhensi~ie Plan) NHIRD SHIRD -N SHIRD - S commencement leVel 15% 18% 9% Adopted August 1, 1990 139 Revised Through 08/01100 level 1 Section 3.01.03 Zoning District Use Regulations NHIRD SHIRD - N SHIRD - S 36% 28% 45% i'evet 2 54% 100% 100% does not apply level 3 100% does .not apply b. .C. When the maximum percentage indicated in the table above would yield less than one (1) unit per acre, a maximum density of one (1) unit per acre shall apply,, except for the R/C (Residential Conservation).futUre land use designation. Properties within, the. R/C future land use designation shall have their density computation based upon .2 du/ac for all landS above mean high water. Existing .Uses Any struCture, project or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection or the maximum building height set forth in paragraph 11(b)(2) of this section, shall not be subject to the provisions of this subsection but shall be considered a pre"existing use and be subject to the provisions of Section 11.07.05(G) if and only if: (1) The Structure, project, or Use has been occupied or constructed, or has received .a building permit, site plan, or other .County development approval prior to July 12, !984; and (2) Development of:the structure, project, or use is completed within all .applicable approval periods and time limits. No change or alteration of a pre-existing use as defined in this paragraph shall be permitted if the change or alteration would allow a residential density exceeding that set. forth in the building permit, site plan, or other County development approval for such existing " pre- existing use, Payment of Alternate Development Fee. A site plan for a structure may be. approved at'a densi~ greater than the applicable maximum set forth in.paragraph a of this subsection upon the condition that the developer pay to the Board of COunty Commi the applicable alternate development fee set forth in this paragra;ph. In addition~, the proposed· ~. . development, togethe:r with-existing: and.previously approved develOpmenl~, will:: necessitate any roadway, bridge, or other improvement to maintain Level of Service C annually or D during peak season, or will require any traffic control device, o.r access improvement, the Site j be approved except upon the condition that building permits nol be isSUed until mprovement or traffic control device is installed or until the develOper has executed a contract for construction of needed improvements' and has provided security in a form and amount the County Attorney. The alternate development fee shall be ui!ding Permits and for each unit exceeding the maximum set l s SubSectiOn. Adopted August 1, 1990 140 Revised' Through 08/01/00 , Section 3.01.03 Zoning District Use Regulations Each alternate development fee represents an amount equal to the estimated cost per residential unit to. prOvide the transportation improvements specified in subsection 8 of this Section. All alternate development fees collected pursuant to this paragraph shall be received and expended sOlely for the transportation improvements, or equivalent, specified in subsection 8 of this Section.- Nothing in the paragraph shall permit a structure to be constructed, built, moved, remodeled, occupied:, or used as a residential use at a'density exceeding the maximum, set forth in Level 4 for the NHIRD subdistrict or in Level 3 for the SHIRD-N and SHIRD-S subdistricts. do Increase in Maximum Residential Densities If, at any: time after a residential use is approved under paragraph a of this subsection, the capacity of the roadway system in a subdistrict increases to the extent, that maximum residential densities increase from the Commencement. Level to Level 2,-from Level 2 to Level 3, or,from Level 3to Level ,4, a developer may submit a development applimfion for the subject.property for additional density as long as the development proposed in the application, When considerOd with the initially apprOved development, moets the requirements of this section and all other provisions of this Code. e, Credit for Payment of Roads Impact Fee Any roads, imPact fee' paid pumuant to Section 1-17,30 of the Code of Ordinances of St. Lucie County, shall be credited against the applicable alternate development fee as set forth in Section 3.01. ~03.AA(7)(c)of this Code. Traffic Capacity Levels For the purposes of this Code, the following levelsr of service or equivalent capacity,, as determined to be acceptable, by the Board of County Commissioners, Shall govern the densi~ of development according to subsection 7 of this Section. A traffic capacity level shall be deemed available when the Board of.County Commissioners or other appropriate~ authority has accepted a construction bid for the stated improvement. a. Commencement Level (1) . E:Xisting conditions. b.. Level 2 (1) .. NHIRD - Existing conditions as of October 12. 1983. together with the addition of Adopted August 1~, 1990' 141 Revised Through 08~01/00 Co d. Section 3,0'1.03 Zoning District Use Regutalions northbound right turn lane at Old Dixie Highway and the North 'Beach Causeway and signalization improvements at that intersection, and the addition of a southbound right turn lane at State Road A1A and Atlantic Beach Boulevard. (2) SHIRD-N -'Existing conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound left turn lane at the intersection-of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of Fort Pierce to a three lane .road. (3) SHIRD-S - Existing conditions together with the improvement of either: (a) the Jen.sen Beach Causeway to a four lane facility, together with improvement of Indian River Ddve to a fOur lane road between the Jensen Causeway and' Jensen Beach Boulevard, the improvement of State Road A1A'to a four lane roadway from the Jensen Beach Causeway to a point one mile north of the St. Lucie - Martin. County line, and the, improvement of Jensen Beach Boulevard to U.S. 1 to four lanes; (b) the Stuart: Bridge to a four lane facility, together with the four laning of the Ocean BouleVard Causeway from Indian River Plantation west through the .intersection of Monterey Road, and the four laning of State Road A1A from the Jenson Beach Causeway to a point one mile north of the St. Lucie County - Ma~in County line; or (C) the construction of a two lane bridge to South Hutchinson Island at the Walton Road corridor, together with-impi'ovements of Walton Road to four lanes west of the SavannahsCto U.S. 1. Level 3 (5) ,~ (6) (7) NHIRD -Level 2 improvements plus expansion of the North Beach Causeway to four l'anes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bOund right turn lane at U.S. 1 and Seaway Drive. SHIRD'N ' Level 2 improvements plus the four laning of Seaway Drive.from Binney Drive to Ocean Drive or an equivalent improvement, improvement of Ocean Drive within the Ci~ of Fort Pierce to a four lane road, and the.. addition ora northbound right,turn lane at the intersection of U.S. I and Seaway. SHIRD-S - Existing conditions together with two of the improvements specified under Level .2 above. Level 4 (1) ~,-,NHIRD --Level 3' improvements plus grade separation of the North Beach Causeway 1, d the Florida East COast Railway traCks, an interchange at Seaway Drive and U.S. or Other imprOvements that will prOvide at least Level of Service D cOnditions during the peak season at the Seaway Drive and. U.S. 1 intersection, andthe four laning of State ROad` A lA from. nOrth of Atlantic Beach Boulevard to' the Indian RiVer Adopted August 1, 1990 142 Revised Through 08/01/00 Section 3.01.03 Zoning District Use Regulations (2) SHIRD-N - Does not apply. (3) SH. IIRD-S - Does not apply. . Environmentally Sensitive Areas The residential densities permitted in the Dune Preservation Zone and in the wetlands may be' used only if clustered to uplands located on the parcel prOpoSed for development, or if clustered to that portion of the wetlands filled in accord with permits received from federal or state agencies exercising jurisdiction over such area. 10. Lot Size Requirements a. Single Family Devel°Pment: Lotsize requirements for detached single-family dwelling, units shall.be'in accordance with the lot size requirements for the RS-4 District found in Table 1 in Section 7-04.00. bo M u I ti-Family DeVelopmen t: Lot size requirements for multiple-family dwelling units and .two- and three-family dwelling units shall be in accordance with the lot size requirements for the RM-11 District found'in Table 1 in SectiOn 7.04.00. 11. Dimensional/Building Height Requirements Single Family Development: Dimensional requirementS for detached single-family residential units sh'ail be in accordance with the dimensional requirements for the RS-4 .District found in Table 7.10 in Section 7.04.00, with the exception of residential densities that are outlined in this section and the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. bo Multi-Family Development: 12. wn Section 7.04.00, except as follOws: (1) (2) Residential densities shall be as set fodh in. subsection 7 of'this Section. For any structure that has not been occupied constructed, or has not received a building permit, site plan or Othet- County development approval prior to January 10, 1-995 the requirements of Secti°n 4,01.00, HUtchinson Island - Building Height Overlay Zone shall apply. · Off-.street Parking and.LOading Requirements Off-street parking and lOading requirements shall be in accordance with SectiOn 7.06.00. Ado'pled August 1, 1:990 143 Revised Through 08~01100 ! , 16. 13. 14. 15. Section 3.01.03 Zoning District Use Regulations Landscaping Requirements Landscaping requirements shall be in aCcordance with Section 7.09.00. Nonconforming LotS of Record Notwithstanding any other provision of this section, the provisions or Section 10.00.04 shall ' overn the erecbon of a smgle-famdy dwelling and customary accessory buildings on any Single lot ofgrecord existing on the effective date of.this Code. AdditiOns to Recreational Vehicles, Mobile 'Homes, and Travel Trailers ac Notwithstanding any other provision of this section, any mobile home, recreational vehicle, or travel trailer park space located in this ~district shall be Considered an existing conditional use under Section 11.07.05(G) if and only if: b~ (I.) (2) the mobile home has been ,erected. and occupied, or the recreational vehicle or travel · trailer park :space constructed: and used, pdor to the effective date of this Code; and the mobile home, recreational vehicle, or travel trailer park space was a fully conforming use on the effective date of this Code. N© addition, to an existing, mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. C~ No Recreational= Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, ClaSs A Mobile Home or addition thereto meets all applicable requirements of SeCtion 7.10.16 (RECREATIONAL VEHICLE .PARKS)in existing recreational vehicle parks', or Section 7.10,17 (MOBILE HOME PARKS)in existing mobile .home parks. d. An addition in existence as of April 18, 1989, (Ordinance 89-09) which dOes not meet the requirement'established in.. this Section shall be'deemed a nonconforming, structure and. shall- be subject to the provisions of Section 10.00.03. However, existing additions whiCh pose a- threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Fire Safety Criteria for Mobile Home Installations, sites, and Communities, NFPA 50 lA- 1982, as applicable, must be brought into compliance or rem.oved. The decision of the Fire Marshal may be apPealed to the Board, of Construction and. Appeal. Sea Turtle Protection Sea turtle protection requirements shall be in accordance with Section 6.04.02. ,Adopted August 1, 1990 144 Revised Through 08/01/00 Section 7.02.00 Planned Non-Residential Development 7.02.00 PLANNED 'NON-RESIDENTIAL DEVELOPMENT 7.02.01 PURPOSE The Planned Non-Residential Development (PNRD) District is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in deSign options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; B. C. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower, development costs; Allow design option's .that encourage an environment of stable character, compatible with surrounding land uses; and Do 7.02.02 Permit.the enhancement of neighborhoodS through.the preservation of natural features, the provisiOn of underground utilities, and the-provision of'recreation areas and open space. PERMITTED USES The following general gUidelines shall, be used in determining the permitted use possibilities in any.Planned Nonresidential Zoning Development: ' A. For properties located in any,Residential or Agricuiiural classified land use area: Any permitted, 'conditional or= accessory use, including any standards, cOnditions and requirements for those use~, as identified in the COmmemial, Neighborhood (CN); Commercial, OffiCe (CO); Institutional (1) Zoning Districts, and in the AgricultUral land use classified areas only, any non-residential permitted or accessory use identified in the Agriculture-1 (AG-1), Agricultural-2.5 (AG- 2.5), or Agricultural..5 (AG-5) zoning, districts-of this Code. Telecommunication towers must comply With the requirements of Section 7'. 10,23, The general standards, conditions and'requirements,, as found in this Code., that pertain to conditiOnal and accessory uses Shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete idenrtirfication of all planned uses and activities., , S. For properties, located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, .including any standards, conditions and requirements for those uses, as, identified in the Commercial, Neighborhood (CN); Commemial, Office (CO); Commercial, General (CG); Industdal~Light (IL); Industrial Heavy (IH), Utility (U)and (I)Institutional zoning districts, and :any non-residential permitted or accessory use identified in the Agriculture-1 Adopted August 1. 1990 382 Revised Through 08/01/00 i' Section 7.02.00 Planned Non-Residential Development (AG-l), Agricultural,2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as foUnd in this Code, that pertain to conditional and accessory uses shall be usedin the determination of the compatibility of the proposed use(s) with the surrounding land useS in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities.~ 7.02.03 STANDARDS AND REQUIREMENTS Standards and requirementS for a Planned Non-Residential Development shall ~be as follows: . A. MINIMUM SIZE The minimum lOt.size'requirements 'for a Planned Non-Residential DeVelopment shali~be as folloWs: 1. Any .Planned NOn-Residential Development in a Residential Land Use classification shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. · 2 Any Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land Use :classification shall comply with the minimum lot requirements in the Commercial General (CG) Zoning District. Bo 3. All Planned Non-Residential Development shall be under common .ownership or control. DIMENSIONAL REQUIREMENTS Minimum dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the BOard of County Commissioners may condition approval of a Planned Non-Residential Development upon ~compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land:uses, to mitigate'impact on the environment and natural resources, to ensure .public Safety and to ensure compliance with the St. Lucie County Comprohensive Plan; and, C. any structure' .on North or South Hutchinson Island that'has not been occupied, constructed, or has not received a. building permit, site plan or other County 'development approval as a permitted use prior to January 10.,1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. PUBLIC FACILITIES . The Planned NOn-Residential 'Development shall be designed and located so there will be 'no net public cost for the provision of water lines, sewage lines, storm and surface drainage Adopted August 1, 1990 , 383 Revised Through 08/01/00 Do Section 7.02.00 Planned Non-Residential Development o systems, an.d other utility systems in order to ensure compa.tibility with surrounding land uses, to mitigate impact on 'the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. The minimum size o'f all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. . The minimum size of all water mains used, or intended for use, .in fire protectiOn activities, that are located on a dead-end water main is eight (8") nches.i Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants' that may be located on any dead end water main is one (1). 4. Fire hydrants shall .be provided, at a minimum spacing of one every six hundred (600)feet unless otherwise approved bY the St. LuCie County-Ft. Pierce Fire Prevention Bureau. TRAFFIC' AND pEDESTRIAN ClROU .LATION 1 , . Every use permitted in a :Planned Non-ReSidential Development shall.have access to a public street either directly or through an approved private road,, vehicular accessway, a pedestrian way, or other area dedicated to Public or Private use. Principal vehicular access points shall be designed to permit 'smooth. traffic flow with controlled turning movement and minimum hazards to vehiCular or pedestrian traffic. Minor streets Within the Planned Non-Residential Development Shall not be connected to streets -outside the development so as to encourage their uSe 'by through traffic. The proposed Planned Non-Residential Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project,, or such surrounding collector or arterial roads shall be improved so that they will not,be adversely affected. . o Streets in a Planned Non.,Residential Development may be dedicated to public use or retained under private ownership. Said'streets and associated improvements shall comply with all 'pertinent Coun~ regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Non-Residential DeVeiopmeht .if it is~ shoWn to the SatiSfaCtion of the County Commission, that the requested vadation is consistent With. the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. Any pedestrian circulation system and its related walkways shall be insulated from the. vehicular street system. Adopted August 1, 1990 384 Revised Through 08101/00 ~. Section 7.02.00 Planned Non-Residential Development All rOads and streets shall intersect at an approximate +5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. . o Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection,ofany two local roads or streets with a Major Collector or. Arterial Roadway shall be separated by a minimum,distance of six hundred sixty feet (660), as measured from centerline to centerline. o Permanent dead-end streets shall not exceed one thousand feet (1000)in length. CuFde-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet .in length. The length of a dead-end street shall be measured along the centerline of the street from the its 'point of perpendicular intersection with the centerline of intersecting street to the end of the dead.nd street or roadway. All-cu!-de.sacs shall, have.a minimum right,of-way diameter of:one hundred (100) feet. If'the dead end roadway is five hundred (500) feet or less in length, a "Y"'or "T" type of turn around may be approved. if a dead end street is,temporary in nature then a temporary cul-de:Sac shall be.required until the 'roadway is connected to another street or road. 10. in the center of'the cul-de-sac an unpaved island, surrounded by a cUrb, improved with grass and landscaping that will not interfere with sight distance, may be proVided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned 'Unit Development. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten '(10) feet from any exterior building walls, 'except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Access points on all collector or arterial streets serving a .Planned Non-Residential 'Development shall be. located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion, PARKING AND LOADING . General ProVisions a. The number, type, end.location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination 'of the number of spaces required shall be based on Section '7.06.02 of this Code. The Adopted August 1; 1990 385 Revised Through 08/01/00 Section 7..02.00 Planned Non-Residential Development . , number of pa~"king spaces required by this section may 'be reduced based on substantial competent evidence that the. reduced number of spaces is adequate for the proPosed use or that parking may be shared by proximate uses that 0 er - different times br o~ different days. p ate at b. Reserved park~ing spaces may be provided, in lieu of paved spaces, subject to Section 7..06.02(B)(4)of this Code. Off Street Parking and Loading Off-street parking and I~ading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code l and the folloWing standards: b, ac Off-street parking and loading areas shall be designed to provide travelways between adjaceht uses while discouraging thrOugh traffic. b. Off-street parkiqg and loading areas, shall be screened from adjacent roads and Pedestrian walkWays with hedges, dense planting, or changes in grades or walls. On Street Parking C. do F. LIGHTING In Planned Non-Residential Developments, on street parking may be used so long as the road on which the on-street parking is Proposed lies entirely Within the limits .of the defined Planned Nonresidential Development and such parking would not contravene any other prOvision of this Code or the St. Lu¢ie COunty Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design: standards: a. The minimum siz& of a parking stall shall be as follows: parallel 8 feet X 23 feet . angled 10 feet X 18 feet handicapped .(parallel) 12 feet X 23 feet handicapped' (angled) 12 feet X 18 feet HrandicapPed parking spaces shall be appropriately marked. Access for emergency fire vehicles shall be in accordance with NFPA standards. withoutN° morebeinthaninterJ.fifteen (15) parking., spaces shall be Permitted in a continuous row g upted by a m~n~mum landscape area of 360 square feet. All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference Of. anY kind to ad~oininO streets or properties. Adopted August 1. 1990 386 Revised Through 08/01/00 O,. H. Section 7.02.00 Planned Non-Residential Development LANDSCAPING AND NATURAL FEATURES Native trees and vegetation and other natural 'features shall be .preserved to the extent practicable. . All sensitive environmental vegetation, trees .and areas shall be preserved to the exten practicable. . Landscaping for off-street parking 'and loading areas shall meet the minimum requirements of'Section 7,09.00. OPEN SPACE STANDARDS . For develOpment projects of less than ten ('10) acres, a minimum of tWenty (20) percent of the gross area of tand to be committed to a Planned Non-Residential Development must'be for use :as common open space, which may include parks, recreation areas, bicycle and pedestrian paths ~and.facilities, marinas, swimming beaches, common open space, common landscaping.or planting areas, or other areas of public purposee other than street or road rights-of-way, utility easements, excluding .exclusive stormwater treatment facilities, and pa~king areas. ' ' For development.projects of. ten (10) acres or more, a minimum of thirty-five (35) percent-of the gross area of land to be committed to a Planned Non-Residential Development must be for-use as-common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purposes other .than. street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use.of recreational facilities.may be offered to the general public. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in'its natural condition as part of the required 35 percent common open space, FOr each. acre of preserved native habitat above the required minimum 15 percent that ,is preserved in its original state, credit shall be [liven at a rate-of ~50. percent per acre towards the remaining common open space requirement. All 'areas to be dedicated, for common open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Development. Areas-that are fld u ~_oo_wa,s,',a,,es,· .wetlands, and. stormwater retention areas may be applied to satisfy the total common, open'sPace requirement subject to the requirement that 15% of any existing native habitat on the property must be included as part' of the required 35% common open space. orAs part of the petitioner for :Finalthe Planned Planned Nonresidential Development submission process, the u ~-'eve'oper Nonresidential Development shall provide for one. of the Adopted August 1, 1990 387 Revised Through 08/01/00 Section 7.02 Planned Non-Residential Developmet following: a. The advance dedication of ali common open maintain the common Open space and agency that willi upon ~acceptance, agree to space to a public, or acceptable private, any bUildings' structures or improvements that "have been placed on it. All-such' dedications or conveyar~ces shall be completed prior to the issuance of any building permits, including land clearing for any portion of the Planned Nonresidential Development; or, ' , b. A phased: conveyance Of the land to be used for common open space to a public or' acceptable private agency that will, upon acceptance, agree, to maintain the common .open space, and any buildings, structures Or improvements that have been placed on it. The ~schedule for the phased conveyance of any~such lands .to be used for cOmmon open space shall be a specific condition of approval for the Planned Nonresidential Development. - Areas provided or reserved to meet any Other environmental preservation or protection requirement Of this code or other'lawful regulatory authority may be counted towards the 'overall cornmon open space requirement, provided that the common open space meets the requirements of this Code. . Ali land dedicated for~common open space shall be physically part of the Planned Non- Residential Development. PHASING . A Planned Non-Residential DevelOpment may be developed in more than one (1) stage or phase. Jo o SIGNS If a Final Developmentin ae or phases,Plan approvedeach by the Board. of County Commissioners is to-be ~ndeVel°ped. a reasonablysta"-Scontinu0us faShion. The.SUCCessive- phase shall be constructed and developed final, stage or phase shall be completed within ten (10) years of the date of final development plan approval. Any e×tension of the above requirement is subject to approval by the Board of Coun Comrnissi amended b ,th ' . . . ty oners unless otherwise ~ ' 'Y e Board of County Comm~smoners . Signs any Planned Non-Residential Development located in a Residential or Agriculturally classified land 'use area shall comply with the proviSions of Chapter 9 applicable to the Commercial Neighborhood. (CN) Zoning District; provided, h°wever, that the Board of County Commissioners may conditiOn approval of a Planned 'Non-Residential Development upon'c°mpliance with more stringent sign regulations in order to ensure design consistency throughout the pment, to ensure compatibili~. With surrounding land uses, to ensure publi~ fety and prevent public harm, and' to ensure compliance with the St. Lucie Adopted August 1. 1990 388 Revised Through 08/01/00 S Planned Non-Resider County Comprehensive'Plan. Signs within' any Planned Non'Residential Development lOcated in a con' industrially classified Land Use Area shall comply with the provisions of Ohapter in the Oommer¢ial General (GG), Zoning DistriCt; provided, however, that Oounty Oommissioners may condition approval of a Planned Non-Residential D~ throughoutUp°n compliance withthe proposedm°re- ._ -' stringent sign regulations in order: to ensure design aevelopment, to' ensure compatibility with surrounding to ensUre pubti¢ safety and prevent pubti¢ harm, and to ensure compliance With Oounty Comprehensive Plan. Adopted August .1, 1990 389 Revised Through .. .. !.. <i .1.4 O! O: : : . . ..... .:::..: ...... :::::.:.:,: .......... :::::::::::::::::::::::::::: BOAR[) OF COUNTY COMMI$$1ON£R$ July 13,2001 DEVEL D! JULIA SH. Subject: Notice to North Beach Property Owners Affected by the Century 21 PNRD Petition The notice for the Century 2.1 petition previously provided contained errors in the loc; . property. These errors als© caused the sign to be placed in the wrong location. This notice is intended to correct those errors for the July 2'6, Planning and Zoning hearing. The site of the property being Considered for rezoning to Planned Non-Residential (P. ~NRD) is just south of the wastewater treatment plant and on the west side of State As of today, 'the sign is in the .correct location. The public he~ing on ths petition will be .held on July 26, 2001 at 7:.00 p.m. in Room County Ad~stration Building at 2300 Virginia Avenue in Ft. Pierce. The p~ose of the petition_ is to allow for the construction of a Real Estate office at this Your comments on this matter will be considered by the Planning and Zoning Commissio make their, recommendation-to the CountY Commission. An additional hearing will be Cotmty Co~ssion on this .matter Prior to its f'mal approval. You w//1 also have an o speak at that hearing. You may also make comments in writing prior to either hearing. I hope that this noti~ce and the attached material help to clarify the specifics of this apologize for any con, sion.our errors may have caused. If you hav'e further questions or Cyndi Shay at (5.61)-462-2.822. ~p,avid. p.'Kelly ' d' lanning Manager 'D. BRUHN. District No. 1 o DOUG'COWARD, District No. 2 o PAULA A. LEWIS, District No. 3 · FRANNIE HUTCHINSON District No. 4 ° CLIFF County Administrator _ Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration. (561) 462-15.90 · Planning. (561) 462-2822 · GIS/1-echnical Services: (561) 46 Economic Development: (561) 462-1550 · Fax, (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-2132 1-O Vv'l I(),v~ I[ MAY C(.)NC'ERN: · NOTICE is hereby given 'in accordance with Sect'ion. · 11.00.03 'of lt~e. SI:.. L~ C~ Land ~lo~'C~ :. and the 'provisions 'of tim St. tUCie',C0~ Co~d~i~ ~--Plah~'lhe follo~ing app~c~ ~ f~f~ · Lucie r Coun~ plannj~ a~ ZonJng .-~ I. ~ENTURY 21, for 'a ~ange in Z~ing ~om HIRD sod I~land Residential :Ois~)Zoning Disirid to ~ PNRD ' (Plmmed Non-Residential District) Zoning Dislrid f~ following described property: Being o parcel of land. lying in Government Lot 2, Section 25~. Township 34 South. Range 40 east, St. Lucie Count;y~ Flori- da, being more particularly described os ~oltows: Legal Description: Commencing at lhe no~hwest corn~ said Section 25, T~nship 34 South, Range 40 ~st, St. Lucie County,' Florida; flmnce 00°04'19" west, .-assumed bearing along lhe west line of said S~ion 2~, a distance of 1321.00 feet lo'the north line of ~vemmenl Lot 2. in said S~tion 25; .thende' no~h 89°51'29~.~st . alo~ fl~e north line of said GovemmenF Lot 2, a distance 'of :251.60 feet lo the weslefly right, f-way ~ine of State R~d A-l-A; thence '16°28'27" east, a distance of 303.75 feet; thence 15°57~59~ ~st, a distance of 252:05 f~ 1o the. point of ~inning, tim last .~o (2)'courses ~om lhe. westerly right-of-way line of State R~d A-I-A; .~nce 15°57'59~ east alang the westerly r~ght-of-~y line of 'State Road A- 1 -A, a distance of 103.33 f~t; :T~en~e- 80°50'40"- we~, ~ distance 'of 125.69 f~t; ~eflce ho~ ' 11*13'51 "- 'west, a allstate of~ 94:00' f~t; thence no~ 76°36'16"-east,.a distance of 117.16 f~tto ~e.~int of b~inning..Containing 11,950 square f~t (0.27-~es, more or' less) .... ' . L~ibn: West side of No~ A-t-A, just south of ~e N0~' ~Cflinson 'Island :Wast~water Tre~m~t facility. -'. ~ - ' ~ ~'~.- . : . .- .... ~.:~ ~:bjn~o '~tabjis~ent 'in the'CQ (Comm~dal ~~' ..Zoning .Dis~[d'~or~e ~l~qwing pFo~:':- ' ::~- "-'- ~:4~ ~ p. lat n0. '1 ~ .~t..~i~: 'public ~Ords of St. [u~:Coun~, Florida/as j~~:~s'~].'"~ right, f-way li~ aL FtC6 ~tate road.'~. 5.~.1) :. algng said ~we~terly right-~f?ay line of Fl~ida~ ....  i:~a 7'~ f~ '~0~00'feet; lhence ~ 27° 31"40" w~,~f~ 'Feet; }fi~nce no,h 000 ~j~"'.~st along a:li~i~611dto '~';~st l~ne; of sat& [ot~,6~ f0~-79.73 f~t ~oJa~.'~d: ~: '~' '.. 8~42'28" .east alon~e north' line of s~i~ L~ · . 1'6'feet a~ the sou~lY; 30 f~t Jar r~,"~it~.'a~ ~:~J ' 'dminbge pur~ses.~ ~ ,' . ; -' , PARCEL B-1 . ' ':J . -'. ~at.pb~ion of Lots ~, 6.~a~d 7 ~ Bl~k 3, S~'~ 26, .~ .To'ship 36 south, Ran~. d0 ~st, Plat ~:. !-of'St.~Lucle. ~Gardens as recorded inPla.t book. 1,~ at page 35 ublic,z~ords of St. ~u~ CounW, Flat,g, des~ aS. · o!lows: commence af th~oint of.ht~i0n ~. ~e we~- erly.' ~ight~f-way of sta~-. ROad No. 5 .'~.S. 1) a~. the .. fo~h li~°f said Lot.6, ~mce' no~ 89°4~'48~ W~f . ' · i~ 'g~ng t~e. north line of lo(6, 35~.~r7 t~t t0 ~e ~int J' begi"~ing~'dhence cb~u~' ~n~ ~4~'28'-Wesi 610ng ' J '. af~resad ~ Ibe'~0.00 ~t; ih~c,d~t~ 00°00~19~' west~. t .;.230:00 '~t]~h~.~l ~o. th '8~ ""~s,. 142:87. f~t;' /.::.~ 0:0~ u~ ~{'~0.7~ [~f...~q t~ ~,inf 0f. Location: 8~2] s~h.U~. Highway F. 1' '" . . 3. NEW HORIZO~¢5 OF THE TRESUR'E COAST':~r a ~[~r &djustmenf to,an ~xistlng CJditlonal Use in ~e I ' (Institutional) Zoning 9istri~'for ~e ~10wing 'L~al DescriPtion: t~-~et ~and Su~ivisio~ of Township 36 South, Range 40E~LoJ3 in.t~ n~f.~' Ibss a strip of lana fc, r r~ad right~f~ay on ~e s~ 63;7 ff on the ;est end ~;_ 6403 h or,~ ~st end; St: [uCie. County, Florida. / "- Location: 4500 ~dwa-{ R~d.~ . "-. '~. . , PUBLic HEARINGS will;'6e held in ~om' i01'~ a~as{ '~'~ ,"m~':CivU Cente Au4l~iu~; 230~irginia Af~.'F~ ,'Piece; Florida :on Ju*y!~6' 200~ ~i~g a( a~n.~er~fl~o, ~;;bleL . '.' t', .'. "::' ' ":," rU.SUANr ro S~o..~.0~os ~.~,u..S~.t.,~, ~ ~"~-. ~ge,cy. 8~ ~o4m~o~ ~.h'~.~p~ ~0 ~"t~ ~a~e' 'a r~d' .Of ~e ~(oc~dings an~'lfl6t, for ~ch pf~, ~, ~a~'~ ensure thqt a ~erbalim r~ord of ~ ~f0ce~ings. is~m~de~' '~iCh r~ord includes the testi~ny and evide~ .which the appegl.is to be ~sed./ ' ' PLAnNiNG ANO ZONING cO~'M~S'S~ON . s: tuc~c couNm FLOR~DX - ; · ]...-. . . . .... :..' ..... . .: . ~" :' " . -"J' "' :' :- .' .21'894~4 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: FROM: DATE' SUBJECT: Planning and Zoning Commissioners David P. Kelly, Planning Manager July 25, 2001 Response to Sandi Simmons letter to the Planning and Zoning Commissioners On November 20, 2000, the applicant's representative, Eric Zeiss, Culpepper & Terpening, submitted as part of the application a ..written response to Section 11.02.10(A) (see attached). This response answered all most ali of the comments/questions contained within, the above referenced letter. l'n response to those comments contained in the letter, staff has the following: A~r Both plans indicate that the zoning on the west and south side of the subject property ~ 'PUD. Unloss a-new request was made the rezone t~e property .with proper notification to' the .adjacent. property owners, it is still zoned HIRD. IF you have an approved sito plan and paper~ork ~ndicating tl~e PUD designation, we would apprOciato a copy. It is not possible to review the code without definitive clarification of this item. The zoning map located in the Zoning's office was not completely clear on where the zoning designations are drawn for the PUD, and it could be interpreted that the properties to the west and south contained a PUD designation instead of a HI'RD (Hutchinson Island Residential District) Zoning.. The applicant has been apprised of the situatiOn and will modify the site plan graphics prior to the Board of County Commissioners review of the documents. . There was no rezoning of' the surrounding properties as described' above.... Areas to both the south and west are zoned HIRD. Bi Section 11.02.05 Review .of Application for preliminary and final site plans for planned development -Undor Review of Preliminary Sito Plans for Planned Development, undor A.26 an application shall be determined to be complete only if the required submittals of Section 11.02, lO are provided. Section 11.02.10, Submittals for Planned Development Site Plans indicates under A. "A preliminar~ $~to plan' shall include the to#owing intormation." 1.t. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. In the applicant's written submittal, attached to the original application,~ the applicant states the following justification- July 25, 2001 Page 2 Subject: Sandi Simmons Letter File: PUD -00-002, RZ-01-012 and MNSP-01-006 "The proposed Planned Development will consist of a 1,792 square foot real estate office. Extensive landscaping and proper architectural design will insure that the project will blend in with the residential surroundings. This site currently is vacant and is being.uses as a construction entrance to the Sands development.. Construction of this project will enhance the area. In review of this justification, Staff determined that it met the intent of the code. The applicant indicated that the arChitectural design of the project would blend with the residential surroundings, thereby insuring compatibility with the surrounding residential areas as well as the North Hutchinson Island Waste Water Facility located to the north of the subject property. The proPosed project will ensure a much better use of the land than as a construction entrance. 1.h. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, autOmObile and pedestrian circulation systems, Public facilities, and unique natural features of the land. The. applicant's site plan indicates the zoning to the north, east and south of the subject' property. As stated previously, the maps were unclear as to the appropriate zoning and the applicant will provide corrected drawings, which indicate the HIRD zoning to the south and west. The properties, to the west and south are vacant as this time and the property.to the.north is developed as the North Hutchinson Island Waste Water Treatment Facility. The properties to the east of the 100-foot State right-of-way. (State Road. A-l-A) are designated with an HIRD (Hutchinson Island Residential District) and are developed as condominiums with a maximum height of 120 feet. 'The proposed project, as indicated in Note #17 on the site plan will have a maximum building height of 16 feet. This is much lower that the maximum permitted height in either the-HIRD Zoning District of 35 feet or in the PNRD Zoning District of 60 feet. In addition ac¢o. rding to the St. Lucie County Land Development Code within the HIRD and PN'RD Zoning Districts, the aPplicant would be permitted a lot coverage by" buildings of 30%. The applicant is proposing a lot: coverage of Only 20.8%, which is well below the maximum lot coverage allowed within the code. Section 7.02.02, PNRD (Planned Nonresidential District) Zoning District allows any permitted, conditional or accessory uses listed in Section 3.01.03(Q), CN (Commercial Neighborhood) Zoning District, Siection 3.01.03(R), CO (Commercial Office) Zoning District or Section 3.01,03(X), I (Institutional) Zoning District in areas with a Residential Future Land, Use d'esignation provided that the standards of Policy 1.1.8.4 of the Future Land Use Element of the St. Lucie County Comprehensive Plan are met. SinCe this petition meets these standards, any of ther uses in CN (Commercial NeighborhOod). or CO (CommerCial Office) could have been requested. In this case only the specific use of a real estate office has been requested. A condition of approval of the PNRD (Planned Non-Residential Development) should limit the project to this use. The land use for the subject property is R.M (Residential Medium). The surrounding areas to the north, south, east and west all have the same land use designation RM (Residential Medium). Approximately 786 feet to the south is an area zoned CG (Commercial General) with a land use designation of COM (Commercial).. July 25, 2001 Page 3 Subject: Sandi Simmons Letter File: PUD-O0-002, RZ-01-012 and MNSP-01-006 The Tiara Towers project to the southeast has a height of 133 feet (15 stories) and 25% lot coverage for total building area. The garages on this site were permitted at a height of 16 feet, which is the proposed maximum height for the requested building. Therefore, the proposed real estate office is .compatible in height and lot coverage with the existing residential condominiums in this area. The applicant has indicated that the proposed real estate office will employ three people during the period of 8:00 am and 5:00 pm daily. In addition, the applicant states that no-deliveries will be made to the site except for US Mail and Overnight Express Companies,. In addition,' a semi-annual meeting will be held at the office for all emplOyees. The applicant through the site design and landscaping has provided for an intent to integrate the proposed proiect in a manner, which is compatible with the surrounding area. The proposed project will be muCh lower than the existing 133 foot high Tiara Tower Condominium and the eXisting Sea Palms Condominium to the Southeast. A statement describing how the.Planned Development is consistent with the SL Lucio County Comprehensive Plan. In the applicant's' written submittal, attached to the original application the applicant states the following justification: ' 1./. "The St. Lucie County. Comprehensive Plan. allows for Planned Development Z ' " on,ny. In addition, Staff has determined that the applicant has demonstrated that the proposed PNRD-(Planned Non-Residential Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy .1.1.8.4 allows for commercial uses consistent with Commercial Office (CO) and Commercial Neighborhood (CN) on properties that have an underlying residential future land use if the standards of the section are met. Those standards are met by the subject property, which is located within the RM (Residential. Medium) future land use designation. According to Section 3.01.03(O) real estate offices are permitted in the" Commercial Neighborhood zoning district and Section 3.01.03(R)real estate offices are permitted in the Commercial Office zoning district. A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. The applicant's site plan "General Note 14" indicates a development schedule. Construction was to begin on 12-1-2000 with completion to be done on 3-1-2000. As the project has not officially been approved, the schedule still stands. The petition if apProved., by the Board' of County Commissioners will have two years' in which to construct the proposed development project. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the 'Planned Development, such as land areas, dwelling units and commerciai facilities. in the appliCant's written, submittal., attached to the original application the applicant states the following: justification: " July 25, 2001 Page 4 Subject: Sandi Simmons Letter File: PUD-00-002, RZ-01-012 and MNSP-01-006 "The applicant has no-plans to sell or lease any .portion of the Planned Development." Therefore, 'this statement has been satisfied. Existing Conditions There are .many other items required which are listed and also not shown on the site plan. Staff has reviewed the applicant's response to the existing conditions for this site and finds that it satisfies Section 11.02.10(A)(2) of the St. Lucie County Land Development' Code. The site proposed for this project is vacant land utilized for construction entrance for the Sands project to the south. There is no significant vegetation on the site, The applicant submitted an environmental report indicating no significant vegetation or species was found on this site. As Ms. Simmons letter was not specific as to what was missing from the project submittals, staff is unable Cto respond fully to her concerns. Since the statement req~red under Section 7.02.00 which lists the specific purposed for PNRD have not been addressed 'by the petitioner,' we see nothing creative in this approach reflecting changes in .the technology of 'land development, it is not compatible with surrounding land uses, and there surely .is no provision for a recreation area as outlined under Purpose in the code. According to Section 7.02,01 of 'the St. Lucie County Land Development Code, the purpose of the Planned Non-Residential Development Zoning l~istrict is to: "The, Planned Non-Residential Development is-intended to achieve non-residential land development of superiOr quality 'through the encouragement of flexibility and creativity 'in design options that: ¸= = . Permit creatiVe-approaches to the development of non-residential land reflecting chang~es in, the technology of land development; Allow for the efficient use of land, which can. result in smaller networks of utilities and streets'and thereby lower develOpment costs; Allow design options, that encourage an environment of stable character, compatible.with surrounding landr uses; and, Permit the. enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, andr the provision of recreation areas, and open space.. The appliCant' has request a reduction-in the number of parking spaces required for the proposed project in... order to increase the open space on the site and eliminate unnecessary pavement. The desig.n of' the project through height, architectural, design, site design and landscaping: has provided for a style,' which integrates the building into the overall' area..The applicant had to create a design, which is consistent with the North Hutchinson Island Waste Water Treatment Facility and' With the existing condominiums to the east. The property to the south, and west is currently.vacant'. Therefore, the 'applicant has sufficiently met the intent of the PNRD purpose as. stated above. The purpose as indicated above gives a number of options, which may be utilized in the design of a project. Not all of. the options have to be " ,in the-'design of the'Project, The applicant did attempt to provide fOr flexibility and comp in the.. desi:gn. . of the Project .... to refleCt the components of the SurroUn~ling. area.. July 25, 2001 Page 5 Subject: Sandi Simmons Letter File' PUD-00-002, RZ-01-012 and MNSP-01-006 Further, Section 3.01.03(AA), HIRD (Hutchinson Island Residential District) states that' "no application for an amendment to this code, shall be accepted which proposes to change the zoning classification on any land on North or South Hutchinson Island to a classification other than HIRD (Hutchinson Island Residential District), PUD (Planned unit Development), PNRD (Planned Non-Residential Development), PMUD (Planned Mixed Use DeVelOpment), U (Utilities), ! (Institutional), RF (Religious Facilities), RE-1 (Residential Estate- 1 du/acre) or RE-2 (Residential Estate- 2 d'u/acre) or any Residential Single-Family (RS-2, RS-3 or RS-4) zoning district." As this regUlation-states in order for any additional commercial uses to be constructed on-the Island without a cUrrent Commercial zoning district, a Planned Non-Residential DeveloPment (PNRD) Zoning request must be :processed and approved. We also note that the landscape plan does not screen between offstreet parking and loading and adjacent roads or Waikways with hedges, dense plantings, or changes in grades or-wall, as well as screening requirements from residential to the east. The applicant's landscape plan. as submitted in your packet indicates the construction of an eight-foot high opaque wood fence or wall along the southern and western property boundaries as required by the code. The landscape plan also indicates a heavily vegetated entrance into the project to the east. The only portion of the site not landscaped is the driveway entrance from State Road A-1-A. The landscaped :entrance to the site will contain the following species: E~lanket '. - 99 24" 1.2 30"x 24" 29 14"1 6 As indicated in this list the applicant is .providing for a variety of uses, which will provide a visual landscaped buffer between the applicant's project and the existing condominiums to the east. We must admit that we never in our imagination would be facing a highly Visible 4' x 7' commercial sign mounted on a 10' high pylon which, is illuminated day and .night and will be visible from the third to fifteenth floors across from A-1-A. When YOu 'see this from our bedroom windOw, we are sure besides violating the stated HIRD objective of $$C onserwng, the natural and hUman valUes the. island represents," it Will certainly lower property values as we all paid for the view with the belief that this whole area was to be residential According. to Section 7.02.02(J)signs ail.owed under the Planned Non-Residential DevelOpment located in a residentially classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District. SectiOn 9.01.01(E) i:dentifies the following: criteria for signage in the. Commercial Neighborhood (CN) ZOning District. ~ July 25, 2001 Page 6 Subject: Sandi Simmons Letter File: PUD -00-002, RZ-01-012 and MNSP-01-006 Wall Signs Canopy Signs Ground Signs 10% of wall face area fronting on the main street 4 per face of free-standing canopy structures 1 per establishment having at least 50 linear feet of frontage I s.f. for every 2 Ii.near feet of frontage- 100 s.f. maximum 10 feet in height. According to these criteria, the proposed project would be permitted the following signage: Wall Signs 6.4 feet Ground Sign 51.7 square feet of signage (103,33/2) and 10 feet in height. The applicant has requested a 28 square foot sign, which is 45.8% less than the maximum permitted within the zoning district. The overall proposed building Will have a maximum height of 16.feet with a sign which is 10 feet in height therefore the sign will not be exceSsive within this area. SUBMITTALS FOR PLANNED DEVELOPMENT SITE PLANS 11.02.10 Ao PRELIMINARY SITE PLAN REQ~MENTS A Preliminary Site Plan shall include the following information- o General Information a. The a ' ' pphcant s name and address. Century 21 Preferred Properties 2901 North A-1-A Fort Pierce, FL 34949 tOV 2. COMMUNITY D EVE~"~~N~ ST. LUCIE COUNTy~ FL bo The applicant's interest in the subject property. Owner. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. N/A do The street address and a legal description of the property proposed to be reclassified as a Planned Development. Refer to the enclosed surVey. e. The present zoning classification and existing uses of the subject property proposed to be reclassified. HIRD, Vacan~ camydoedez/ltr/9965- 2 f. A statement of planning objectives to be achieved by the proposed Planned DeVelopment through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The proposed Planned Development will consist of a 1, 792 square foot real estate offic~ Extensive landscaping and proper architectural design will insure that the project will blend in with the residential surroundings. This site currently is vacant and is being used as a construction entrance to the Sands development Construction of this project will enhance the arem g. A statement of the total nUmber and type of dwelling units to be constructed; parcel.-size; approximate lot coverage of buildings and structures; approximate gross and net area of all non-residential facilities, and an explanation of their use; residential d'ensitites; and approximate gross and net amounts of open space. Refer to the enclosed P.N. IED. plat~ h. Information on land areas adjacent to the proposed Planned Development and an. indication of the relationships between the proposed development and existing and proposed adjacent areas, '.including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. Refer to the enclosed EN. tED. plat~ i. A statement 'describing how the Planned Development is consistent with c:mydoc/~tr/9965..2 the St. Lucie County Comprehensive Plan. The St. Lucie County D'eVelopment zoning. Comprehensive Plan allows for Planned A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be expected to begin and be comPleted. Refer to the enclosed PN.I~ D. Plan. ko A statement .of the applicant's intentiOns with regard to the future selling or leasing of all or potions of the Planned Development, such as land areas, dwelling, units, and commercial facilities. .The applicant has no plans to sell or lease any portion of the Planned Development. c:mydoc/ez/l~/996~2 . . July 23, 2001 Mr..David P. Kelly Plann'mg Manager- St. Lucie County Commmfity Development 2300 Virginia .Avenue Fort Pierce, .FL 34982-5652 Re: Century 21 petition for a change in, zoning from HI.~ to PNRD on the west side of A.IA, .just south of the No~h Hutchia~on Island. Wastewater Treatmem .Ph.nt We have obtained from yot~ office PN~RD Plan 1 of 1, revised..5/3/0 i, including a landscaped plan revised 3/23/01 and the petRbn~ .We believe the petition should be w~~am from consideration traseal on the tbllowing: Both. plans indicate that the zoning on the west and south side of the subject property is PL~. U~ess a new 'request was mad.e to .rezone the property with proper notification m the adjacem property owners, it is still zomxt t!.tI~. If you. ~have an approved site plan and paperw'ork h~dicating the PUD designation, we would .appreciate a copy: It is not possible to review the code wifl~o.ut definitive clarification of this item. g,, Section 11.02.05 Review of.Application for preliminm~' and final site plans for planned development:- Und~ Review of Preliminary Site Pla:ms for Planned Development, under A.2[:an application shall be determined to be: complete only i:fthe requ~~mittals -" ', ' o~ Sectmn 11.02. I 0 ~e p:rovided. Section 11.02.10, Submitta~ for Planned Development Site Plans indicates trader A. "A preliminary sRe p' l"an shall~ ' include the folio'whig information:" 1.£ A statement of planning objectives to be achieved by the proposed Planned Development through 'the p~icular appro.~.h proposed by 'the appficant. T~:s statemem should include a description ofthe character of the pro~-sed development and. the rationale ~-~hind the assumptions and choices made by the ap~pticant. 1.k lnfo~tion on land areas adjacent .:to the proposed Planned Development and m~ indiemion .of the relatioml'fips '~'tween 'the propo~d development .and exi, sting and proposed adjacent areas, !~ncluding land 'us~..~, zon~g cl.assificafions, de~ities, aum'~obile and Pedestrian circulation systems, public facilities, and unique natural features of the land. 1.i. A statemem describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. 1.j. A development schedule indicating the approximate date construction of the Planned Developmem or stages of'the Planned Development can be expected to begin and be completed. l.k. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the Planned Developmem, such as land areas, dwelling units, and commercial facilities. 2. Existing Conditions. There are many other items required which are listed and also not shown on the site plan. We are unabl.e to find any of this inibrmation on the site plans, and the petition only indicates under Item 12 the reason for the change is to "allow for the construction of a real estate office." Further,. under Item 1.3. The question does the proposed rezoning conflict with any portion of the SLC Land Development Code or the SLC Comprehensive Code is !~fi bl~. C~ Since the statement required above under Section 7.02.00 which lists the pecffic purposes for PNRD have not been addressed by the petitioner, we see 'nothing creative in this approach reflecting changes in the technology of land developmem, it is not compatible with surrounding land uses, and there surely.is no provision for a recreation area as outlined under Purpose in the code. D~ We also note that the landscape plan does not screen between offstreet parking and loading and adjacem roads or walkways with hedges, dense plantings or change in grades or wall, as well as screen~g requirements from residential to the east. E~ We must admit that we never in our imagination thought we would be facing a highly visible 4'x7' commercial sign mounted on a 10' high pylon, ~!!uminated day and high_t, which will be visible from the third to fflteemh floors across from AIA. 'When you see this from our bedroom window, we are sure besides violating the stated ItlRD objective of c nservmg the natural and hman values the island re " presents, it will .certainly lower property values as we all paid for the view with the belief t~hat this whole area was to be residential. It does not seem fair to consider a rezoning request that affects so many homeowners when the .majority of the highrise residems affected are either on vacation or have gone north for: the season, especially with afl the preceding confusion aborn the location of the property and the posting of the sign. Finally, we hope you will reject, this petition 'to rezone as we feel this is spot zoning at its wor~. If you approve this request, are you sending a message to the residents on the island that anyone can obtain a rezoning from iHIRD to PNRD, wlfich permits over 30 commerchl type uses, ju~ by indicating they want to build one or more of these uses? If so, this is fi'ightening. Sincerely, Walter and Sandi Simmons 3150 North A1A, 1002N North. Hutchinson Island, FL 34949 Cc: Ms. Cindi Snay, Project Mm~ager Mr. Steffan Matthes, Chairman, SCL Planning and Zoning Commission Delivered by hand July 23, 2,001 July 23, 2001 Mr. David P. Kelly Planning Manager St. Lucie County Community Development 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 Re: Century 21 petition for a change in zoning from HIRD to PNRD on the west side .of A1A, just south of the North Hutchinson Island Wastewater Treatment Plant Dear Mr. Kelly: We have obtained from your office PNRD Plan 1 of 1, revised 5/3/01, including a landscaped plan revised 3/23/01 and the petition. We believe the petition should be withdrawn from consideration based on the following: A~ g~ Both plans indicate that the zoning on the west and south side of the .subject property is PUD. Unless a new request was made the rezone the property 'with proper notification to the adjacent property owners, it is still zoned HIRD. If you have an approved site plan and paperwork indicating the PUD designation, we would appreciate a copy. It is not possible to review the code without def'mitive clarification of this item. Section 11.02.05 Review of Application for preliminary and final site plans for planned developmem - Under Review of Preli'minary Site Plans for Planned Development, under A.26 an application shall be determined to be complete only if the required ~submittals of Section 11.02.10 are provided. Section 11.02.10, Submittals for Planned Development Site Plans indicates under A. "A preliminary site plan shall include the following infOrmation:"' 1.f. A statemem of planning objectives to be achieved by the proposed Planned Developmem through the particular approach proposed by the applicam. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. 1.h. Information on land areas adjacem to the proposed Planned Development and an indication of the relationships between the proposed developmem and existing and proposed adjacem areas, including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. l.i. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. 1,j. A developmem schedule indicating the approximate date construction of the Planned Development or stages of the Planned Developmem can be. expected m begin and be completed. l.k. A statement of the applicant's intemions with regard to the future selling or leasing of all or portions of the Planned Development, such as l'~and areas, dwelling units, and commercial facili.ties. 2. Existing Conditions. There are many other items required which are listed and also not sho ~wn on the site plan. We are unable to find any of this information on the site plans, and the petition only' indicates ~'tmder Item 12 the reason for the change is 'to "allow Ibr 'the construction ora real estate office." Fhxrther, under Item 13. The question does the proposed rezoning co .nfli~ with any' portion of the SLC Land Development Code or the SLC Comprehensive Code is lefiblank. C~ Since the statement required above under Section 7.02.00 which lists the .pecific proposed for PNRD halve not been addressed by the petitioner, we see nothing creative in this approach reflecting changes -in the technology of land development, it is not compatible with surrounding land uses, and there surely is no provision for a recreation area .as outlined under Pm~se in the code. We also note that the landscape plan does not screen between offstreet park'mg and loading and adjacent 'roads or walkways with hedges, dense .plantings or change in grades or wall, as well as screening requiremems from. residential to 'the east. E~ We must admit that we never in our imagination would be facing a highly visible 4'x7' commemial sign mounted on a 10' high pylon which is i~~ and will be visible from the third, to fifteenth floors across fi'om ALA. When you see 'this from our bedrOOm window, we are sure besides violating the stated HIRD objective natural and human values the island represents,--it will certainly' lower of"conserving the property values as we all paid. for the view with. the belief that this whole area was to be resident',~. i It does not seem fhir to consider a rezoning request that affects so many homeowners when the majority of the highrise residents affecte~ are either on vacation or have gone north for ~the season, especially with all the preceding confusion about the location of the prog~rty and the posting of the sign. Finally, we hope you will reject this petition to rezone as we feel this is spot zoning at its worst. If you approve this request, are you sending a message to the residems on the island that anyone can obtain a rezoning fi'om ItI~ to PNRD, which .permits over 30 commercial type uses, just by' indicating they want m build one or more of these uses? if so, this is frightening. Sinc~.~ely, Walter and Sandi Simons 3150 Noah. AIA, 1002N North Hutchinson Island, FL 34949 Cc: Ms. Cindy Shay, Project Manager Mr.. Steffan Matthes, Chairman, SCL Planning and Zoning Commission Delivered by hand July 23, 2001 Friday, July 13, 200! Board of County Commissioners Att: Stephen Matthes/Chairman St. Lucie Planning Commission Re: Rezoning Century 2.1 property opposite the filtration plant from HIRD to PNRD N. Hutchison Isl. Dear Chairman, I am a Resident .of Tiara Towers, just south of the land for the pending rezoning petition. My vote is against such a change. Note that Tiara Towers pays about $400,000 in taxes each and every year. We demand and expect that the area be kept as a desirable residential home site. Question: If such a rezoning takes place, will our yearly taxes decrease? We both know the answer. Why is the hearing on July 19th when most of the local residence are up north? Strange? Regards, Norman Molz 3120 North A1A Condo 301 South Ft. Pierce, FL 23939 3150 N. AIA, #601 Fort Pierce, FL 34949 Julyl 6, 2001 .St. Lucie Planning and Zoning Commission 2300 'Virginia Avenue Fort Pierce, FL 341950 To the St. Lucie Planning and. Zoning Commission- As year-round residents of North-Hutchinson Island we oppose any Changes to the present zoning on North Hutchinson Island. There is already sufficient commercial space on the island to service the needs of the residents. This proposed change would be directly across from our condominium residence and we do not want a business there. Cemury 21 today, who ~ows what tomorrow. Please, do not approve this zoning change. Yo'urs truly, Gordon. Phail Debby ~~hail JUL 8' DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MEMORANDUM TO: Planning and Zoning Commission/Local Planning Agency Members FROM: David P. Kelly, Planning Manager DATE: July 19, 2001 SUBJECT: Palm Beach County Land Development Code - Automobile Service Stations Per the Planning and Zoning Commission's direction, please find attached those portions of the Palm Beach County Land Development Code dealing with Automobile Service Stations and Convenience Stores. ARTICLE 6: ZONING DISTRICTS SPECIAL USES (eont'd): Grooms quarters Security/caretaker quarters CONDITIONAL USE, CLASS B: Communication panels, antennas, commercial Equestrian arena, commercial Packing plant Park, public Veterinary clinic CONDITIONAL USE, CLASS A (cont'd): Day care center, limited Electrical power facility Government services Heliport or helipad Nursery, retail School, elementary or secondary Solid waste transfer station Water or wastewater treatment plant Reference Sections (AR-USA, Agricultural Residential in the Urban Services Area): 1) Supplem,~entary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -. See Section 7.2 5) Landscaping-- See Section 7.3 6) Lighting/Noise Standards -- See Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection -- See Section 9.5 E. Commercial districts. 1. Agricultural uses in the Urban Services Area (USA). a. Applicability. Uses existing at the time of adoption of the ordinance permitting agricultural uses in the urban services area shall be considered to be conforming. Any expansion of existing, agricultural uses and any new agricultural .uses shall be consistent with all applicable requirements and subject to review by the appropriate staff or review board as identified in the ULDC. The AR Zoning District shall be considered consistent with all Future Land Use designations in the Urban Service Area for the purpose of permitting agriCultural uses. b. Uses. Agricultural uses not listed below as permitted within the Urban Services Area, shall only be permitted with a Class A Conditional use approval. c. Previous development orders. Property which has a development order may also receive an additional development order for a temporary agricultural use in the USA in accordance with the standards enumerated in 6.4.D.(Supplementary use standards) for the specific agricultural use, however, the agricultural use shall not be eligible for an agricultural tax exemption. 2. CN, Neighborhood Commercial District. The purpose and intent of the CN district is to provide a limited commercial facility of a convenience nature, serving residential neighborhoods within a one-half (½) mile radius, located on a local, colleCtor or an arterial road, with a total lot area of not less than one (1) acre. The CN district corresponds to the Commercial High Intensity (CH) and the Commercial Low Intensity (CL) land use designations in the Future Land Use Element of the Comprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standards referenced below. PERMITTED USES: CONDITIONAL USE, CLASS B: Air stripper, remedial Building supplies Catering service Congregate living facility, Type 2 LAND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION' JUNE 16, 1992 4/00 Supplement No. 10 6-21 ~£ 6: ZONING DISTRICTS . PERMITTED USES (cont'd): Fruit & vegetable market Nursery, retail Office, business or professional Personal services Printing & copying services Repair services, limited Restaurant, specialty Retail sales, general Storage, agricultural Shade house SPECIAL U~iES: Agricultural stand Amusements, temporary or special events Communication Cell Sites on Wheels (COWs) Recycling drop off bin Security/caretaker quarters CONDITIONAL USE, CLASS A: Agriculture, bona fide Air curtain incinerator, temporary Assembly, nonprofit institutional Church or place of worship Communication tower, commercial Congregate living facility, Type 3 Convenience store Day care center, general Electrical power facility Entertainment, indOor Equestrian arena, commercial Reference Sections (CN, Neighborhood Commercial District). 1) Supplementary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) Landscaping-- See Section 7.3 6) Lighting~oise Standards -- Sec Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection-- See Section 9.5 ~ ~ Sec. 6.2 District Pur oses CONDITIONAL USE, CLASS B (cont'd): Day care center, limited Fitness center Grooms quarters Laundry services Nursery, wholesale Park, public Stable, commercial Stable, private Storage, outdoor, agricultural PERMITTED SUBJECT TO DRC SITE PLAN: Communication panels, antennas, commercial Excavation, Type II Financial institution Government services Park, passive Recycling collection station Restaurant, quality Utility, minor CONDITIONAL USE, CLASS A (cont'd): Funeral home or crematory Groves/row crops Livestock, raising Lounge, cocktail Medical office or dental clinic Nursing or convalescent facility Packing plant Recycling center Solid waste transfer station Theater, indoor Veterinary clinic Water or wastewater treatment plant LAND DEVELOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. 10 6-22 ARTICLE 6: ZONING DISTRICTS Sec.. 6. 2 District Purposeo- 3. CLO, Limited Office Commercial District. The purpose and intent of the CLO district is to encourage development of low-intensity business offices and the integration of other complementary uses within the local environment where located on a local, collector, or an arterial road. The CLO district shall also serve as a transition between residential areas and intense commercial development. The CLO district corresponds to the Commercial Low Intensity-Office Only (CL-O) and the Commercial and the Commercial High IntensitY Office (CHO), Commercial Low intensity (CL), and Commercial High Intensity (CH) land use designations in the Future Land Use Element of the Comprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standards referenced below. PERMITTED USES: Air stripper, remedial Catering service Office, business or professional Park, passive Personal services Printing and copying services RePair services, limited SPECIAL USES: Agricultural stand Communication Cell Sites on Wheels (COWs) Recycling collection station Recycling drop off bin Security/caretaker quarters CONDITIONAL USE, CLASS B: Day care center, limited Grooms quarters Nursery, wholesale Restaurant, quality Stable, commercial PERMITTED SUBJECT TO DRC SITE PLAN: Communication panels, antennas, commercial Data information processing Excavation, Type II Financial institution Government services Laundry services Restaurant, specialty Utility, minor CONDITIONAL USE, CLASS A: Agriculture, bona fide Air curtain incinerator, temporary Church or place of worship Communication tower, commercial Day care center, general Electrical power facility Equestrian arena, commercial Livestock raising Medical office or dental clinic Packing plant Restaurant, high turnover sit-down Solid waste transfer station Veterinary clinic Water or wastewater treatment plant Reference Sections (CLO, Limited Office Commercial District): 1) Supplementary Use Standards -- See Section 6.4.D. 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) Landscaping -- See Section 7.3 6) Lighting/Noise Standards -- See Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection-- See Section 9.5 zn ~o o~ r~zo~~r coo~ ADOPTION JUNE 16, 1992 PALM BEACH COUNTY, FLORID~ 10/99 Supplement No. 9 6-23 ARTICLE 6: ZONING DISTRICTS . · . Se.c. 6.2 District Pur oses 4. CC, Community Commercial District. The purpose and intent of the CC district is to provide a commercial facility of a community nature that services residential neighborhoods within a three (3) to five (5) mile radiUs, located on a collector or an arterial road, with a total lot area of not less than one (1) acre, that is planned and developed as an integral unit. The CC district corresponds to the Commercial Low Intensity (CL) and Commercial. High Intensity (CH) land use designation: in the Future Land Use Element of the Comprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standardS referenced below. PERMITTED SUBJECT TO DRC SITE PLAN: PERMITTED USES: Communication panels, antennas, commercial Day care center, limited Excavation, TYpe II Fitness center Govemmenvservices Grooms quarters Laundry services Park, public Restaurant, high turnover sit down Stable, commercial Utility, minor CONDITIONAL USE, CLASS A: Agricultural, bona fide Air curtain incinerator, temporary Automotive service station Arena, auditorium or stadium Car wash and auto detailing Church or place of worship College or university Congregate living facility, Type 3 Convenience store Convenience store, with gas sales Day care center, general Electrical power facility Entertainment, indoor Entertainment, outdoor Equestrian arena, commercial Funeral home or crematory Hospital or medical center Golf course Groves/row crops Livestock raising Lounge, cocktail Nursing or convalescent facility Repair and maintenance, general Restaurant, fast food Self-service storage School, elementary or secondary Solid waste transfer station Theater, indoor Air stripper, remedial Catering service Fruit and vegetable market Nursery, retail Nursery, wholesale Office, business or professional Park, passive Personal services Printing and copying services Repair services, limited Restaurant, quality Restaurant, specialty Retail sales, general Shade house Storage, agricultural Veterinary, clinic SPECIAL USES: Agricultural stand Amusements, temporary or special events Communication Cell Sites on Wheels (COWs) Retail sales, mobile or temporary Recycling collection station Recycling drop off bin Security or caretaker quarters CONDITIONAL USE, CLASS B: Auction, enclosed Assembly, nonprofit institutional Assembly, nonprofit membership Broadcasting ~studio Communication tower, commercial Financial institution Medical office or dental clinic Packing plant Parking lot, commercial Recycling center Storage, outdoor, agricultural Vocational school LAND DEVELOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. 10 6-24 ARTICLE 6: ZONING DISTRICTS . CONDITIONAL USE, CLASS A (cont'd): Vehicle inspection center Vehicle sales and rental Water or wastewater treatment plant Reference Sections (CC, Community Commercial District): 1) Supplementary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) Landscaping-- See Section 7.3 6) Lighting/Noise Standards -- See Section 7.8 7) Signs -- See section 7.14 8) Vegetati~on Protection-- See Section 9.5 Sec. 6.2 District Pur oses 5. CHO, Commercial High Office District. The purpose and intent of the CHO district is to encourage development of business office parks and the integration of other complementary uses within the business environment. The CHO district corresponds to the previous Specialized Commercial High (CSH) District, Specialized Commercial (CS) District and the Commercial High Intensity-Office Only (CH-O), and the Commercial High Intensity (CH) land use designations in the Future Land Use Element of the Comprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standards referenced below. PERMITTED USES: CONDITIONAL USE, CLASS B: Air stripper, remedial Catering service Data information processing Fitness center Laundry services Office, business or professional Nursery, wholesale Park, passive Personal services Printing and copying services Repair services, limited Restaurant, specialty Vocational school SPECIAL USES: Agricultural stand Communication Cell Sites on Wheels (COWs) Recycling collection station Recycling drop off bin Security/caretakers quarters PERMITTED SUBJECT TO DRC SITE PLAN: Broadcasting stUdio Communication panels, antennas, commercial Day care center, limited Excavation, Type II Government services Grooms quarters LAND DEVELOPMENT CODE Church or place of worship Communication tower, commercial Day care center, general Financial institution Hotel, motel, SRO, boarding & rooming house Marine facility Medical or dental laboratory Packing plant Parking lot, commercial Restaurant, quality Veterinary clinic CONDITIONAL USE, CLASS A: Agriculture, bona fide Air curtain incinerator, temporary College or university Electrical power facility Equestrian arena, commercial Hospital or medical center Livestock, raising Lounge, cocktail Restaurant, fast food Restaurant, high turnover sit-down School, elementary or secondary Solid waste transfer station Water or wastewater treatment plant PALM BEA CH COUNTY, FLORIDA ADOPTION JUNE 16, 1992 4/00 Supplement No. 10 6-25 ARTICLE 6: ZONING DISTRI:._'TS . PERMITTED SUBJECT TO DRC SITE PLAN (cont'd): Heliport or helipad Medical office or dental clinic Motion picture production studio Stable, commercial Utility, minor Reference Sections (CItO, Commercial High Office District): I) Supplementary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) AcceSsOry/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) LandsCaping -- See Section 7.3 6) Lighting/Woise Standards -- See Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection-- See Section 9.5 S~. 6.2 District Pur-oses. 6. CG, General Commercial District. The purpose and intent of the CG district is to encourage the development of an intensive commercial use providing a wide range of goods and services, located adjoining at least one (1) major collector or arterial road that services a consumer market of at least a three (3) mile radius. The CG district corresponds to the Commercial High Intensity (CH) land use designation in the Future Land Use Element of the Comprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standards referenced below. PERMITTED USES:' Agricultural sales and service Air stripper, remedial Assembly, nonprofit institutional Catering service Data information processing Fitness center Fruit and vegetable market Laundry services Lounge, cocktail Medical or dental laboratory Monument sales, retail Nursery, retail Nursery, wholesale Office, business or professional Park, passive Personal services Printing and copying services Repair services, limited Restaurant, quality Restaurant, specialty Retail sales, general Shadehouse Storage, agricultural Veterinary, clinic Vocational school SPECIAL USES: Adult entertainment Agricultural stand Amusements, temporary or special events Communication Cell Sites on Wheels (COWs) Retail sales, mobile or temporary Recycling collection station Recycling drop off bin Security or caretaker quarters PERMITTED SUBJECT TO DRC SITE PLAN: Auction, enclosed Assembly, nonprofit membership Broadcasting studio- Communication panels, antennas, commercial Day care cent6r, limited Excavation, Type II Government services Grooms quarters Heliport or helipad Medical office or dental clinic Motion picture production studio Packing plant Park, public Parking lot, commercial Recycling center LAND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION JUNE 16, 1992 4/00 Supplement No. 10 6-26 ARTICLE 6: ZONING DISTRICTS . CONDITIONAL USE, CLASS B: Agricultural storage, outdoor Building supplies Car wash and auto detailing Cemetery Church or place of worship Communication tower, commercial Congregate living facility, Type 3 Convenience store Day care center, general Dispatching office Entertainment, indoor Financial institUtion Flea market, enclosed Golf course Gun club, enclosed Hotel, motel, SRO, boarding & rooming house Kennel, commercial Landscape maintenance service Marine facility Nursing or convalescent facility Storage, outdoor agricultural Theater, indoor Transportation facility Vehicle inspection center Zoo Reference Sections (CG, General Commercial District)- 1) Supplementary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) Landscaping-- See Section 7.3 6) Lighting/Noise Standards -- See Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection -- See Section 9.5 Sec, 6.2 District Pur oses PERMITTED SUBJECT TO DRC SITE PLAN (cont'd): Restaurant, high turnover sit-down Stable, commercial Utility, minor CONDITIONAL USE, CLASS A: Agriculture, bona fide Air curtain incinerator, temporary Auction, outdoor Automotive paint and body shop Automotive service station Arena, auditorium or stadium College or university Convenience store, with ~gas sales Dog day-care Day labor employment service Electrical power facility Entertainment, outdoor Equestrian arena, commercial Excavation Type III Flea market, open Funeral home or crematory Groves/row crops Hospital or medical center Livestock raising Mining, excavation Type IIIA Mining, excavation Type IIIB Parking garage, commercial Repair and maintenance, general Restaurant, fast food School, elementary or secondary Self-service storage Solid waste transfer station Theater, drive-in Vehicle sales and rental Water or wastewater treatment plant LAND DEVELOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 10/99 Supplement No. 9 6-27 ARTICLE t~ ZONING DISTRICTS '. Sec. 6.2 District Pur._oses. 7. CRE, Commercial Recreation District. The purpose and~t of the CRE district is to provide lands for major commercial recreation uses that are either publicly or privately operated, that require large amounts of land and have major effects on adjacent uses. The CRE district corresponds to the Commercial Recreation land use designation in the Future Land Use Element of the Comprehensive Plan, and can be applied only to :those areas designated Commercial Recreation (CR), or Industrial (IND) in the Future Land Use Element of the Comprehensive Plan. In some cases the C~ district may be applied in the Rural Residential 10 (RR10) land use designation for those uses identified in the Future Land Use Element of the COmprehensive Plan, or any zoning district corresponding to the underlying alternate density may be applied. The following uses are subject to the Supplementary use standards referenced below. PERMITTED USES: PERMITTED SUBJECT TO DRC SITE PLAN: Air stripper, remedial Catering service Equestrian arena, commercial Fitness center Grooms quarters Gun club, enclosed Nursery, wholesale Park, passive Parking lot, commercial Restaurant, quality Restaurant, specialty Stable, commercial Theater, drive-in CONDITIONAL USE, CLASS B: Air curtain incinerator, temporary Airplane landing strip, accessory Church or place of worship Communication tower, commercial Marine facility SPECIAL USES: Agricultural stand Amusements, temporary or special events Communication Cell Sites on Wheels (COWs) Recycling drop offbin Security or caretaker quarters Reference Sections (CRE, Commercial Recreation District): 1) Supplementary Use Standards -- See Section 6.4.D 2) Property Development Regulations -- See Section 6.5 3) Accessory/Temporary Structure Standards -- See Section 6.6 4) Off-street Parking/Loading -- See Section 7.2 5) Landscaping -- See Section 7.3 6) Lighting/Noise Standards -- See Section 7.8 7) Signs -- See Section 7.14 8) Vegetation Protection -- See Section 9.5 Campground Communication panels, antennas, commercial Day camp, summer Day care center, general Day care center, limited Entertainment, indoor Entertainment, outdoor Excavation, Type II Government services Golf course Heliport or helipad Hotel, motel, SRO, boarding & rooming house Packing plant Park, public Theater, indoor Utility, minor Zoo CONDITIONAL USE, CLASS A: Agriculture, bona fide Airport Arena, auditorium or stadium Electrical power facility Excavation, Type III Gun club, open Livestock raising Mining, excavation Type IIIA Mining, excavation Type IIIB Motion picture production studio Water or wastewater treatment plant LAND DEVELOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. 10 6-28 ARTICLE 6: ZONING DISTRICTS . (This space intentionally left blank.) LAND DEVELOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. 10 6-29 ARTICLE 6: ZONING DISTRICTS Sec. 6.3 Zonin Ma and District Boundaries SEC. 6.3 ZONING MAP AND DISTRICT BOUNDARIES. A. Establishment of Official Zonine Mai}. The location and boundaries of the districts established in this article shall be set forth on the Official Zoning Map of Palm Beach County which is incorporated,herein by reference into this article as if fully 'described and set forth herein. A copy of the Official Zoning Map shall be located at all times for inspection~ by the general public during regular business hours in the offices of the PZB Department. Be Amendment to the Official Zonine Map. If pursuant to the terms of this Code, amendments are made to the boundaries of the Official Zoning Map, such amendments shall be entered on the Official Zoning Map by ,,the Zoning Director within twenty (20) working days after the amendment. C. Reolacement of Official Zonine Map. 1. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners shall adopt a new Official Zoning Map that shall supersede the prior Official Zoning Map. 2. The new Official Zoning Map may correct drafting and clerical errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or subsequent amendments thereto without a duly noticed public hearing pursuant to the procedures and standards of this Code. SEC. 6.4 USE REGULATIONS AND DEFINITIONS. _ A. General. 1. Uses permitted by right, permitted subject to Site Plan/Final Subdivision Plan approval by DRC, as a Special Use or as a Conditional Use in each district shall be determined from the Use Regulations Schedule (Table 6.4-1). 2. The Use regulations within overlay districts shall be determined by the uses allowed in the underlying districts, as may be modified by Sec. 6.7 (Overlay District). 3. Additional use regulations for the Planned Development districts are specified in Sec. 6.8 (Planned Development District Regulations). 4. Uses within Airport zones may be restricted or subject to special' regulations as specified in Article 18 (Airport Zoning Regulations). [Ord. No. 96-28] B. Use classification. The list of use classifications included in the Use Regulations Schedule (Table 6.4-I) is intended to classify uses on the basis of common functional characteristics and land use compatibility. Other uses not specifically listed in the Use Regulations Schedule, but exhibiting similar characteristics to a listed use shall be so classified by the interpretation of the Executive Director of PZB pursuant to the procedures and standards of Art. 2, Interpretation. [Ord. No. 95-8] LAND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION JUNE 16, 1992 10/99 Supplement No. 9 6-41 dRTICLE 6: ZONING DISTRICTS Sec. 6.4 ,Use Regulations and Definitiona C. Use regulations, schedule. The Use Regulations Schedule contained in Table 6.4-1 shall be interpreted as follows. 1. Permitted by right. Uses identified in a particular district column with a "P" are "permitted by right" and shall be permitted in such district, subject to such supplementary use standards as may be indicated in the "Note" column and subject to the other requirements of this Code. Uses identified with a "P" may be subject to Site Plan/Final Subdivision Plan review if specifically required by other provisions of this Code. Prior to receipt of a Certificate of Occupancy, all required permits from affected regulatory agencies must be obtained and the use must operate in accordance with those permits. 2. Site plan/final subdivision plan. Uses identified in a particular district column with a "D" are "permitted ~ubject to Site Plan/Final Subdivision Plan review" and shall be permitted in such district only if a Site Plan/Final Subdivision Plan is submitted and approved in compliance with the provisions of this Code for the use by the Development Review Committee in accordance with the procedures and standards of Sec. 5.6, Site Plan/Final Subdivision Plan, subject to such supplementary use standards as may be indicated in the "Note" column of the Use Regulations Schedule tables of Sees. 6.4 and 6.8, and the other standards of this Code. Prior to receipt of a Certificate of Occupancy, all required permits from affected regulatory agencies must be obtained and the use must operate in accordance with those permits. 3. Special use. Uses identified in a particular district column with an "S" are "special uses" and shall be permitted in such district only if they meet the supplementary use standards indicated in the "Note" column for the use and are approved by the Zoning Director in accordance with the procedures and standards of' Sec. 5.5 (Special Permit Uses), and subject to the other standards of this Code. Prior to receipt of a Certificate of Occupancy, all required permits from affected regulatory agencies must be obtained and the use must operate in accordance with those permits. 4. Conditional use, Class B. Uses identified in a particular district column with a "B" are "Class B conditional uses" and shall be permitted in such district only if they are approved by the Zoning Commission in accordance with the procedures and standards of Sec. 5.4.F (Class B Conditional uses), subject to such supplementary use standards as may be indicated in the "Note" column, and the other standards of this Code. Prior to receipt of a Certificate of Occupancy, all required permits from affected regulatory agencies must be obtained and the use must operate in accordance with those permits. 5. Conditional use, Class A. Uses identified in a particular district column with a A are "Class A conditional uses" and shall be permitted in such district only if they are approved by the Board of County Commissioners in accordance with the procedures and standards of Sec. 5.4.E (Class A Conditional uses), subject to such supplementary use standards as may be indicated in the "Note" column, and the other standards of this Code. Prior to receipt of a Certificate of Occupancy, all required permits from affected regulatory agencies must be obtained and the use must operate in accordance with those permits. 6. Prohibited uses. Uses not identified in a particular district column as permitted by right, as a Conditional use, or a Special use, are not allowed in such district unless otherwise expressly permitted under this Code. 7. Supplementary use standards. A number in the "Note" column refers to supplementary use standards applicable to a particular use in one (1) or more of the districts in which such use is allowed. For Planned Developments, the term district means the land use category. The referenced standards appear in Sec. 6.4. (Supplementary use standards). For example, note 53 refers to Sec. 6.4.D.53. z~o o~r~zo'~~r coo~ ADOPTION' JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 10/99 Supplement No. 9 6-42 AR~: ZONING DISTRICTS ..._ 8~ Uses located in Overlay Zones. Uses proposed to be located in overlay zones may be subject to additional regulations. Reference should be made to Sec. 6.7 of this Code to ensure no additional regulations apply. 9. Airport zones. Certain uses within an airport zone, established in Article 18, are subject to additional height and use limitations and may be subject to special conditions. 10. District Specific Regulations. Within certain zoning districts, special standards apply. Reference should be made to Sec. 6.5 to determine if a use is subject to additional regulations. [Ord. No. 93-4] [Ord. No. 95-8] [Ord. 96-281 [Ord. No. 93-4; .February 2, 1993] [Ord. No. 95-8; March 21, 1995] [Ord. No. 96-28; September 25, 1996] (This page intentionally left blank.) PaLM BEa CH CO UNTE FL ~ aDOPTION JUNE 16, 1992 ! 0/99 Supplement No. 9 6-d3 ARTICLE 6: ZONING DISTRICTS. Sec. 6.4 Use Re ulations and De tnitions The access points shall be located to minimize vehicular traffic to and through local streets in residential neighborhoods. e. Safety. Safety fences up to a height of six (6) feet shall be required around an arena, auditorium or stadium if deemed necessary. 12. Assembly, nonprofit,.institutiona~! means a site or facility, or employment open to the public, owned or operated by a not-for-profit organization for social, educational or recreational purposes. Typical uses include museums, cultural centers, recreational facilities, botanical gardens or nonresidential community services such as soup kitchens and medical and employment services. An institutional nonprofit assembly use shall comply with the following supplementary use standards. a. Location. The use shall be located on a collector, a local commercial street or street of higher classification. b. AR District. In the AR district, a nonprofit assembly use shall have a one hundred (100) foot buffer from residentially occupied or zoned property in addition to the required minimum setbacks. [Ord. No. 97-64] c. AGR district. The use shall be limited to that which supports the agriculture industry or provides service to farm workers. [Ord. No. 98-11] 12.1 Assembly, nonprofit membership means a site or facility owned or operated by a not-for-profit organization for social, education or recreational purposes where paid'membership is required. Typical uses include fraternal or cultural organizations and union halls. A membership nonprofit assembly use shall comply with the following supplementary use standards. 13. 14. a. Location. The use shall be located on an arterial, collector, or local commercial street. b. CCSO district. The use shall be limited to that which supports the agriculture industry or provides service to farm workers. [Ord. No. 97-64] [Ord. No. 98-11] [Ord. No. 99-37] Auction~ means an establishment engaged in the public sale of goods to the highest bidder, with all or a portion of the activity and display of merchandise occurring outside of an enclosed building. An auction use shall comply with the supplementary use standards in Sec. 6.4.D. 10. (Amusements, Temporary or Special Event). [Ord. No. 97-64] [Ord. No. 99-37] Automotive paint and body sho.n means an establishment engaged in the painting, repainting, or retouching of motor vehicles, or performance of major external repairs ora non-mechanical nature. An automotive paint and body shop use shall comply with the following supplementary use standards: a. CG district. All activities related to an automotive paint and body shop in the CG district shall be conducted within an enclosed structure. 15. Automotive service station means an establishment engaged in the retail sale of gasoline or other motor fuels, which may include accessory activities such as the sale of accessories or supplies, the lubrication of motor vehicles, the minor adjustment or minor repair of motor vehicles, or the sale of convenience food items, or a restaurant. IMND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION JUNE 16, 1992 10/99 Supplement No. 9 6- 72 ARTICLE__ 6: ZONING DISTRICTS, , . Sec. 6. 4 Use Re lations and De tnitions a. Location criteria. Automotive service stations and related uses and facilities create impacts which may permanently and substantially alter the character of an area. Prior to approving a conditional or requested use for an automotive service station or other facility with gasoline pumps, the Board of County Commissioners shall make a finding that the use is appropriately located. In making the determination that the use is appropriately located, the Board of County Commissioners shall consider the following guidelines: (1) proper functioning of the site as related to vehicle stacking, circulation and turning movements; (2) adequate buffering from residential areas; (3) provision of adequate access, ingress and egress; and (4) number of other fueling stations in the vicinity to safeguard against potential harm from explosion. b. CCSO, CC and CG districts. In the CCSO, CC and CG districts an accessory restaurant shall require the following. (1) Approval. A restaurant without a drive-thru service may be permitted as an accessory use subject to DRC approval. A restaurant with drive-thru service may be permitted as an accessory use subject to a Class A Conditional Use approval. (2)use; Size. The restaurant shall not exceed thirty percent (30%) of the gross floor area of the primary (3) Parking. Adequate parking shall be provided on site. Parking for uses shall be calculated separately to determine the total amount of required parking. The gas pump stacking lanes shall not be counted toward the minimum parking requirements of the restaurant use; (4) On-site circulation. On-site circulation and maneuvering area shall be adequate to accommodate all uses at any given time. c. Standards. (1) Enclosed repair activities. All accessory repair activities shall be conducted within an enclosed structure. No outside storage of disassembled vehicles, or parts thereof, shall be permitted on site. (2) Delivery vehicles. Parking of delivery vehicles shall be permitted only within the designated loading space. Overnight parking of delivery vehicles on-site shall be prr;hibited. (3) Vehicle testing on residential streets. Vehicles shall not be tested off-site on residential streets. (4) Water'recycling. Any accessory automatic car wash facility shall utilize a water recycling system. Loudspeakers. No outdoor speaker or public address systems which are audible off-site shall be permitted. [Ord. No. 96-28] [Ord. No, 97-64] 15.1supplementaryAvicultur~ meanSuse standards.the breeding, raising and care of birds. Avicuiture shall comply with the following 16. a. Minimum Lot size. For avicultural uses with more than fifty (50) but less than two hun&ed (200) birds, the minimum lot size shall be two (2) acres. For avicultural uses with two hundred (200) or more birds, the minimum lot Size shall be five (5) acres. [Ord. No. 97-64] Bed.and br. eakfas~t means an owner-occupied single.family dwelling that offers lodging for paying guests and which serves breakfast to these guests. A bed and breakfast use shall comply with the following supplementary use standards. LAND DEVELOPMENT CODE PALM BEA CH CO UNTY, FL ORIDA ADOPTIONJUNE 16, 1992 10/99 Supplement No. 9 6- 73 ARTICLE 6: ZONING DISTRICTS . Sec. 6.5 Pro er Develo ment Re lations v. Utility transmission lines and associated structures, such as poles. w. Basketball goals, provided there is a minimum three (3) feet setback from the rear and side interior property lines and a minimum fifteen (15) feet setback from front and side street property lines. x. Light poles having only one (1) structural ground member. y. An accessory residential dock, shared by abutting residential parcels only, subject to the submittal of an executed construction and maintenance agreement, prepared in a manner and form acceptable to the County Attorney and the Zoning Director. z. Bus shelters and bus benches. [Ord. No. 93-4] [Ord. No. 94-23] [Ord. No. 95-8] [Ord. No. 97-64] [Ord. No. 00-015] J. District~, specific regulations. Additional property development regulations shall apply to the following districts. 1. AGR Use Limitations. Pursuant to the 1989 Future Land Use Element of the Comprehensive Plan, only agricultural uses or residential development as defined in the Plan shall be allowed until the Agricultural Reserve Study is adopted. 2. AR and CRS district regulations for Accessory structures. a. Conforming lots. Accessory structures may be located within the required minimum side or rear setbacks, provided that such structures are not located within twenty-five (25) feet of any side or rear property line. [Ord. No. 97-14] [Ord. No. 97-64] [Ord. No. 99-37] b. Nonconforming lots. Accessory structures may be constructed a distance of fifteen (15) feet from the rear property line or at least five (5) feet from any established easement in the rear, whichever is the greater distance, and fifteen (15) feet from the interior side property line, provided that the accessory structure is not located within the required front yard and street side yard setbacks. Except as provided elsewhere in this Code, activities accessory to the principal use such as pens for the keeping of livestock and containerized plants shall be located a minimum of ten (10) feet from any side or rear property line. [Ord. No. 97-64] [Ord. No. 99-37] ' c. Storage containers in the AR district. Storage containers or structures, accessory to a bona fide agricultural use are permitted in the AR district provided the container meets Building Code requirements. 3. Additional residential district regulations. Residential developments that are required to be approved by the DRC shall be subject to linked open space regulations as set forth in Sec. 6.8, (Planned Development Districts). 4. Additional SA district regulations. The following additional property development regulations shall apply to the SA districts. a. All uses in SA shall be located on a roadway classified as at least an arterial or collector as determined by the County Engineer, unless other provisions are specified for a particular use in the Use Regulations of Sec. 6.4. (Supplementary Use Standards). b. The required buffer or setback area for the SA use may be used for bona fide agricultural uses provided all landscaping and other applicable regulations are met. c. A buffer shall be landscaped pursuant to Sec. 7.3. (Landscape and Buffering), or to the applicable regulations of the district or use, whichever is the most restrictive. 5. Additional CN district regulations. The following additional property development regulations shall apply to the CN district. LAND DE VEZOPMENT CODE ADOPTION JUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. I0 6-204 ARTICL. E 6: ZONING DISTRICTS See. 6.5 Pro er Deve1° ment Re lations a. Architectural character. Building design of uses allowed in the CN district shall conf°rm to and be compatible with the general architectural character of the neighborhood in which they will be established, pursuant to the requirements of Sec. 6.6 (Supplementary Regulations). b. Enclosed uses. All uses, other than incidental storage of merchandise, (incidental storage shall not be long term inventory or stockpiles of merchandise) shall be operated entirely within enclosed buildings, with the following exceptions- O) (~) O) (4) (7) (s) (9) Air curtain incinerator, temporary; Communication tower, commercial; Electrical power facility; Park, passive; Recreation facility, accessory; Recycling center; Recycling drop-off station; Solid waste transfer station; Utility, minor; and Water or Wastewater plant. c. Operating hours. No commercial use shall commence business activities (including delivery and stocking operations) prior to 6:00 AM nor continue activities later than 11:00 PM, except as otherwise provided in this Code. 6. Additional regulations in all commercial districts. The following additional property development regulation shall apply to all commercially zoned districts. All commercial uses adjacent to residential zoned property shall not commence before 6:00 a.m. daily. 7. Additional CLO district regulations. The following additional property development regulations shall apply to the CLO district. a. Architectural character. Building design of uses allowed in the CLO district shall conform to and be compatible with the general architectural character of the neighborhood in which they will be established, pursuant to the compatibility standards of Sec. 6.6 (Supplementary Regulations). b. Enclosed uses. All uses shall be operated entirely within enclosed buildings, with the following exceptions' (1) Air curtain incinerator, temporary; (2) (3) (4) (5) (6) (7) (8) (9) Communication tower, commerCial; Electrical power facility; Park, passive; Recreation facility, accessory; Recycling drop-off station; Solid waste transfer station; Utility, minor; and Water or wastewater plant. 8. Additional CC district regulations. The following additional property development regulations shall apply to the CC district. ' a. Floor area. The maximum floor area permitted on any lot in the CC district shall be thirty thousand (30,000) square feet of gross floor area, unless approved as a Class A conditional use. LAND DEVELOPMENT CODE ADOPTION.rUNE 16, 1992 PALM BEA CH COUNTY, FLORIDA 4/00 Supplement No. 10 6-205 ARTICLE 6: ZONING DISTRICTS . Sec. 6.5 Pro er Develo ment Re lations b. Enclosed uses. All uses, other than incid-~ntal storage of merchandise,, shall be operated entirely within enclosed buildings, with the following exceptions: (1) Agricultural stand; (2) Air curtain incinerator, temporary; (3) Amusements, temporary; (4) Assembly, nonprofit; (5) Automotive service station; (6) Communication tower, commercial; (7) Electrical power facility; (8) Entertainment, outdoor; (9) Golf course; (10) Greenhouse or nursery, retail; *' (11)Park, passive; (12) Park, public; (13) Parking lot, commercial; (14) Recreation facility, accessory; (15) Recycling center; (16) Recycling collection bin; (17) Recycling drop-off station; (18) Retail sales, mobile or temporary; (19) Solid waste transfer station; (20) Utility, minor; (21) Vehicle sales or rental; and (22) Water or wastewater plant. c. Operating hOurs. No outdoor commercial use shall commence business activities (including delivery and stocking operations) prior to 6:00 AM nor continue outdoor activities later than 11:00 PM, except as otherwise provided in this Code. 9. Additional IL and IG district regulations. The following additional property development regulations shall apply to the IL and IG districts. a. Outdoor activities. Outdoor storage or outdoor industrial operations shall be completely screened from view with a combination of fencing and vegetation to a height of six (6) feet. 10. Additional requirements for non-residential land uses on property abutting S.R. 80 in the Rural Tier. To maintain thc character of thc Rural Tier, and implement thc goals and objectives in the Comprehensive Plan, thc Zoning Commissioner and BCC may impose conditions of approval on non-residential property in the Rural Tier as follows. a. Conditions. Conditions imposed by the reviewing body may exceed ULDC requirements by up to five hundred (500) percent based on the size, lot depth and 'width of the site, compatibility with surrounding land uses, and impact of the proposed use on the surrounding area. Conditions may include, but are not limited to: additional setbacks, landscaping, buffering, screening and equestrian trails; and more restrictive signage, lighting, access, and hours of operation. The dedication of equestrian trails may only be required when there is rough proportionality between the required equestrian trail and the needs of the community caused by the development. b. Buffers. (1) Retention/detention areas. If imposed conditions require a minimum buffer which is one hundred (100) percent larger than the ULDC required buffer, dry retention/detention areas may overlap up to fifty (50) percent of the buffer width. Wet retention/detention areas, water management tracts, and easements may overlap up to twenty-five (25) percent of the buffer width. [Ord. No. 93-4] [Ord. No. 97-64] [Ord. No. 99-37] [Ord. No. 00-015] LAND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION dUNE 16, 1992 4/00 Supplement No. 10 6-206 ARTICLE 6: ZONING DISTRICTS Sec. 6.6 Su lementa Re lations (2) Golf courses. Fences of up to eight (8) feet in height shall be permitted within required setbacks of residential districts for golf courses. e. Commercial restrictions. Where fences, walls, or hedges are required, they shall have a minimum height of six (6) feet. The height shall be measured in accordance with the height measurement requirements for landscape barriers within incompatibility buffers of Sec. 7.3 (Landscape and Buffering). Both sides of any wall or fence shall be properly finished with paint, stucco or other commonly accepted materials. [Ord. No. 99-37] f. Dangerous materials. Walls, fences or similar structures erected in or adjacent to any residential district shall not contain any substance such as broken glass, spikes, nails, barbed wire, or similar materials designed to inflict pain or injury to any person or animal. [Ord. No. 99-37] 3. Outdoor storage. Outdoor storage of merchandise in all commercial, industrial and nonresidential districts shall be subject to the following standards, unless the use is specifically regulated in another district or section. a. Outdoor storage of merchandise shall be permitted only when incidental to the use located on the premises. b. Storage and sales of landscape plant material shall be exempt from these provisions. c. The storage area shall not be located in any of the required setbacks or yards. d. The stored merchandise shall be completely screened by walls or buildings, and shall not protrude above the height of the enclosing walls or buildings or be visible from collector and arterial streets or adjacent residential districts or use. e. Outdoor storage of material used for road construction shall be permitted when' (1) The lot is directly adjacent to the roadway under construction; (2) The material is stored for no longer than ninety (90) days unless approved by the Zoning Director for a period not to exceed an additional ninety (90) days; (3) The lot meets the requirements of Sec. 9.5, (Vegetation Preservation and Protection) [Ord. No. 96-28] [Ord. No. 99-37] ' 4. Fuel, gas, or chemical storage tanks. Fuel, gas or chemical storage tanks accessory to a primary commercial or industrial use which stores fuel, gas or chemicals which is sold to the public (retail) shall be setback a minimum of fifty (50) feet from any residential zoning district, or residential, civic/institutional use, unless otherwise approved by DRC. A safety fence of up to a height of six (6) feet shall be required around the perimeter of the storage tanks. If the safety fence is not opaque, a continuous solid opaque hedge a minimum of four (4) feet at installation shall be provided around the perimeter of the storage tanks, All fencing and screening shall be required at the time the structure is approved. [Ord. No. 99-37] 5. Dumpsters. Outdoor collection stations shall be provided for garbage and trash removal when individual collection or indoor storage is not provided. All areas or receptacles for the storage and disposal of trash, garbage or vegetation, such as dumpsters and trash compactors, shall meet the following standards. These provisions shall not apply to litter containers provided for the convenience of pedestrians. a. Access. Access to indoor or outdoor collection stations shall be such that the removal vehicle need not make unnecessary turning or backing movements. b. Setback. The minimum setback for dumpsters from property in a residential district or from other residential LAND DEVELOPMENT CODE PALM BEA CH COUNTY, FLORIDA ADOPTION JUNE 16, 1992 4/00 Supplement No. 10 6-215 ARTIC E 6: ZONING DISTRICTS Sec. 6.6 Su lementa Re lations landing area and is clear of any building structure or portion thereof that extends through and above the airport approach plane. _. e. Setbacks. All buildings, structures and aircraft parked on shore shall be located a minimum distance from all property lines of at least fifty (50) feet. f. Landing operations. All aircraft landings shall be performed under visual flying rules (VFR) and shall not be conducted during the hours between sunset and sunrise. 14. g. Vehicle parking requirements. Shore facilities shall provide one (1) automobile parking space for each two thousand (2,000) square feet of hangar or tie-down area, or one (1) space per craft, whichever is greater. All shore facilities shall provide a minimum of five (5) parking spaces. Certification. Applications for seaplane operation facilities shall be accompanied by a complete "Airspace Analysis" report for the Federal ,Aviation Administration as well as a copy of the "Preliminary License Report" from the Florida Department of Transportation. Accessory Commercial Development. a. General. It is the purpose of this section to allow a limited amount of commercial development in certain residential developments which developed prior to the establishment of planned development regulations in Ordinance 3-57 (1969). Residential developments which meet the criteria in this section will allow a limited amount of commercial development within the project and internalize an amount of traffic without rezoning to a planned development district. b. Procedure. Residential developments which meet the criteria in this section may create a Preliminary Development Plan showing existing development and the proposed commercial use. The use shall be subject to BCC review and approval as a Conditional Use A. c. Residential Criteria. (1) Property owners association. A property owners association for the residential development shall be formed and shall support the proposed commercial development. (2)residents.Minimum number. The residential development must contain a minimum of five thousand (5,000) (3) Boundaries. The residential development must be self-contained, having private streets, controlled and limited access, and have obviously identifiable boundaries by design. d. Commercial development criteria. (1) Number.- Only one commercial area shall be developed in each residential development. (2) Limitation. Uses shall be' limited to the regulations of the CN district. (3) Basis. The amount of commercial development allowed shall be based on table 6.8-5, Table of PUD Commercial acreage. [Ord. No. 93-4] [Ord. No. 94-23] [Ord. No. 95-8] B. TemJ~orary s.tructure~. The following supplementary regulations apply to certain types of temporary structures. 1. Temporary emergency structures. This section is intended to allow placement or erection of temporary structures that address immediate public needs while permanent solutions are being pursued, including but not limited to temporary fire stations, hurricane shelters, utility facilities. LAND DEVELOPMENT CODE PALM BEA CH COUNT~, FLORIDA ADOPTION JUNE 16, 1992 4/00 Supplement No. 10 6-226 BOARD OF COUNTY COMMISSIONERS FAX# (561)462-1581 TRANSMISSION COVER FORM COMMUNITY DEVELOPMENT DIRECTOR II DATE: TilTO ~ ~.,~.., ^ ,. FAX NUMBER: : SENDER: COFIMENT$ : PHONE ~BER : JOHN D. BRUHN, District No. I · DOUG COWARD, District No. 2 · PAULA A. LEWIS, District No. 3 · FRANNIE HUTCHINSON, District No. 4 · CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson .. 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 -- Administration: (561) 46-2-1590 ° Planning: (561) 462-2822 · GIS/lechnicai Services: (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention. (561) 462-1529 · Fax: (561) 462-2132 BOARD OF COUNTY COMMI'SSiO.N£.RS FAX# (561)462-1581 TRANSMISSION COVER FORM COMMUNITY DEVELOPMENT DIRECTOR DATE: TO: COMPANY: FAX NUMBER: DEPARTMENT: RE: NUMBER OF PAGES INCLUDING COVER: NUMBER: COFIMENTS : JOHN D. BRUHN, District No. I · DOUG COWARD, District No. 2 · PAULA A. LEWIS, District No. 3 · FRANNIE HUTCHINSON, District No. 4-- CLIFF BARNES, District No. 5 Count/Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 -- Administration: (561) 462-1590 ° Planning: (561) 462-2822 ° GIS/lechnicai Services: (561) 462-1553 Economic Development: (561)462-1550 ° Fax: (561)462-1581 Tourist/Convention: (561) 462-1529 · [ox: (561) 462-2132 COMMUNITY DEVELOPMENT 'DEPARTMENT Planning Division M E MO RAN DU M ,,, TO' FROM' Planning and Zoning Commissioners \~... David P. Kelly, Planning .Manager DATE: July 25, 2001 SUBJECT: Response to Sandi Simmons letter to the Planning and Zoning Commissioners On November 20, 2000, the applicant's representative, Eric Zeiss, Culpepper & Terpening, submitted as part of the applicatiOn a written response to-Section 11.02.10(A) (see attached). This respronse answered ali most all of the comments/questi°ns contained within the above referenCed letter. In response to those comments contained in 'the letter, staff has the fol. lowing: A~ Both plans indicate, that the zoning on the west and south side of the subject property is PUD. Unless a new request was made the rezone the property 'with proper notification to the adjacent property owners, it is still zoned HIRD. IF you have an apprOved-Site plan and paperwork indicating the PUD designation, we would appreciate a copy. It is not possible to review the code without definitive clarification of this item. The zoning map lOcated in the ZOning's office was not completely clear on where the zoning designations are drawn for the PUD, and it could be interpreted that the properties to the west. and' south contained a PUD-designation instead of a, HIRD (HutchinSon Island Residential District) Zoning. The applicant has been apprised of~the situation and will modify the site plan graphics prior to the Board of County CommiSsioners review of the documents. There was no rezoning of the surrou:nding properties as described above, Areas. to. both the south and west are zoned HIRD. J~ Section 11.02,05 Review of Application for preliminary and final site plans for planned develOpment - Under Review of Preliminary Site Plans for.Planned Development, under A.26 an appliCation shaft be determined to be complete only if the required submittals of Section 11.02.10 are provided. Section 11.02.10, Submittals for Planned Development Site Plans indicates under A. "A preliminary site plan shaft' include the following information," 1.f. A statement of planning objectives to be achieved by the proposed Planned DevelOpment through, the particular approach proposed by the applicant. This statement should include a descriptiOn, of the character of the prOposed development and the rationale behind the assumptions and chOices made by the applicant. in the applicant's Written submittal, attached to the original application,7 the applicant states the following justification: July 25, 2001 Page 2 Subject: Sandi Simmons Letter File: PUD-O0-002, RZ-01-012 and MNSP-01-006 1.h. "The proposed Planned DeVelopment will consist of a 1,792 square foot real estate office. Extensive landscaping and proper architectural design will insure that the project will blend in with the residential surroundings. This site currently is vacant and is being uses as a construction entrance to the Sands development.. Construction of this project will enhance the area. I.n review of this justification, Staff determined that it met the intent of the code. The applicant indicated that the architectural design of the project would .blend with the residential surroundings, thereby insuring comPatibility with the surrounding residential areas as well 'as the .North Hutchinson Island Waste Water Facility located, to the north of the subject property. The proposed project will ensure a much better use of the land than as a,oonstruction entrance. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. The applicant's site plan indicates the zoning to. the north, east and south of the subject property. As stated previously, the maps were unclear as to the appropriate zoning and the applicant will provide corrected drawings, which indicate the HIRD zoning to the south and west. The properties to the west and south are vacant as this time and the property to the north is developed as the North Hutchinson Island Waste Water Treatment Facility. The properties to the east of the 100-foot State right-of-way (State Road A-l-A) are designated with an HIRD (Hutchinson Island Residential District) and are developed as condominiums with a maximum height of 120 feet. The Proposed project, as indicated in Note #17 on the site plan will have a maximum building height of 16 'feet. This is much lower'that the maximum permitted height in either the HIRD Zoning District of 35 feet or in the PNRD Zoning District of 60 feet. In addition, accordingr to the St. Lucie County Land Development Code within the HIRD and PNRD Zoning Districts, the appliCant would be permitted a lot coverage by' buildings of 30%. The applicant is proposing a lot coverage of only 20.8%, which is well below the maximum lot coverage allowed-within the code. Section 7.02.02, PNRD (Planned Nonresidential District) Zoning 'District allows any permitted, conditional or accessory uses listed in Section 3.01.03(Q), CN (Commercial NeighborhoOd) ZOning District, Section 3.01.03(R), CO (Commercial Office)Zoning District or Section 3.01.03(X), I (Institutional) Zoning District in areas with a Residential Future Land Use designation provided that the standards of Policy 1.1.8.4 of the Future Land Use Element of the St. Lucie County Comprehensive Plan are met. Since this petition meets these standards, any of the uses in CN (Commemiai Neighborhood) or' CO (Commercial OffiCe.) could have been requested, in this case only the specific use of a real estate office has been requested' A condition of approval of the PNRD (Planned Non-Residential Development) should limit the project to this use.. The land use fOr the subject property is RM (Residential Medium). The surrounding areas to the north, south, east and west all have the same land use designation RM (Residential Medium). Approximately 786 feet to the south is an area zoned CG (Commercial General)with a land use designation of COM (Commercial)'.. July25, ,c!O01 Page 3 Subject: Sandi Simmons Letter File: PUD-00-002, RZ-01-012 and MNSP-01-006 1.L The Tiara Towers project to the southeast has a height of 133 feet (15 stories) and 25% .lot coverage for total building area. The garages on this site ~were permitted at a height of 16 feet' which is the proposed maximum height for the requested building. Therefore, the proposed real estate office is compatible in height and .lot coverage with the existing reside.ntial condominiums in this area. The applicant has. indicated that the proposed real estate office will employ three people during the period of 8:00 am and 5:00 pm daily. In addition, the applicant states that no ,deliveries will be made to the site except for US Mail and 'Overnight Express Companies. in addition, a semi-annual meeting will be'held at the office for ali employees. The applicant through the site design and landscaping has provided for an intent to integrate the proposed project .in a manner, which is compatible with the surrounding area. The proposed project ~will be muCh lower than the existing 133 foot high Tiara Tower Condominium and the existing Sea Palms Condominium to the 'SOutheast. A statement describing how the Planned Development. is consistent, with the St. Lucie County Comprehensive Plan. In the .applicant's written submittal, attached to the original application, the applicant states the following justification' "The St. 'Lucie County Comprehensive Plan allows for Planned Development Zoning?' In addition, Staff has determined that the applicant has .demonstrated that the proposed PNRD (Planned Non-Residential Development) amendment is consistent with ali elements of the St. Lucie County Comprehensive Plan. PoliCy 1.1.8.4 allows for commercial uses consistent with Commercial Office (CO) and Commemial Neighborhood (CN) on properties that have an underlying residential future land use if the standards of the section are met, Those standards are met by the subject property, which is located within the. RM (Residential Medium) future land use designation. According to Section 3.01.03(Q) real estate offices are permitted in the Commercial Neighborhood zoning district and' Section 3.01.03(R) real estate offices are permitted in the Commercial Office zoning .district. A development schedule indicating the approximate date .conStruction of the Planned Development or stages of the Planned Development can be expected to begin and be completed. The applicant's site plan "General Note 14" indiCates a development schedule. Construction was to begin on 12-1-2000 with completion to be done on 3-1-2000. As the project has. not officially been approved, the schedule still stands. The petition if approved by the Board of County Commissioners will have.-two years .in which to construct the proposed development project. A statement of the applicant's intentions with:: regard to' the future selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units and commercial facilities. In the applicant's written submittal, attached-to the original application,_ the applicant states the. following justification.: July 25, 2001 Page 4 Subject: Sandi Simmons Letter File: PUD-00-002, RZ,01-012 and MNSP-01-006 "The applicant has no plans to Sell or lease any portion of the Planned Development." Therefore, this statement :has been satisfied. Existing Conditions There are many *other items required which are listed and also not shown on the site plan. Staff has reviewed the applicant's response to the existing conditions for this site and finds that it satisfies Section 11.02.10(A)(2) of the St. Lu¢ie County Land Development COde. The site proposed for this project is vacant land utilized for construction entrance for the Sands project to the south. There is no significant vegetation on the site. The applicant submitted an environmental report indicating no significant vegetation or species was found on this site. As Ms. Simmons letter was n°t specific as to what Was missing from the project submittals, staff is unable to resPond fully to her concerns. Since the statement required-,under Section 7.02.00 which lists the specific purposed for PNRD have not been addressed by the petitioner, we see nothing creative in this approach reflecting changes in the technology of land development, it is not compatible with surrounding land uses, and there surely .is no provision for a recreation area as outlined under Purpose in the code. According to Section. 7,02.01 of the 'St, Lucie County Land Development Code, the purpose of the Planned Non-Residential Development Zoning District is to: "The Planned: NOn-Residential Development is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: . w 3~ =¸ Permit Creative approaches to the development of non-residential land reflecting changes in the technology of land development; Allow f°r the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; Allow design options that. encourage an environment of stable character, compatible with surrounding land uses; and, Permit the enhancement of neighbOrhoods through the preservation of natural features, the provision-of underground utilities, and the provision of recreation areas and open space. The applicant has request a reduction in the number of parking spaces required for the proposed, project in order to increase the open space on the site and eliminate unnecessa~ pavement:. The .design of the project: through, height, architectural design,: site design and landScaping has provided for a style., which .integrates the building into the overall area. The applicant had to create a design, which is consistent with the North Hutchinson Island Waste VVater Treatment Facility and with the existing condominiums to the east. The property to the south and. west is Currently vacant. Therefore, the applicant has sufficiently: met the intent of the PNRD pUrpose as stated above. The Purpose as indicated abOve' gives a number of options, which may be utilized in the design of a project. Not all of the options have to be incorp ed in the :design of the project. The applicant: did attempt to-provide fo._r flexibility and Corn the design of the project to reflect the components of the surrounding area. July 25, 2001 Page 5 Subject:-Sandi Simmons Letter File: PUD-00-002, RZ-01-012 and MNSP-01-006 O. Further, Section 3.01.03(AA), HIRD (Hutchinson Island Residential District) states that' "no appli:cation for an amendment to this code, shall be accepted which proposes to change the zoning classification on any land on North or South Hutchinson Island to a classification other than HIRD (Hutchinson Island Residential District), PUD (Planned Unit Development), PNRD (Planned NOn-Residential Development), PMUD (Planned Mixed Use Development), ~U (Utilities), I (institutional), RF (Religious Facilities), RE-1 (ReSidentialr Estate- 1. du/acre) or RE-2 (Residential Estate -2 du/acre) or any Residential Single-FamilY (RS-2, RS-3 or RS-4) zoning distriCt." As this regulation states in order for any additional commercial uses to be constructed .on the Island without a current Commercial zoning district, a Planned Non-Residential Development (PNRD) Zoning request must be processed and approved. We also .note that the landscape plan does not screen between offstreet parking and loading and adjacent roads or walkways with hedges, dense plantings or changes in grades or wall, raS weft as. screening requirements from residential to the east. The applicant's landscaPe plan as submitted in your packet indicates the construction of an eight-foot high opaque w°od fence or wall along the southern and western property boundaries as required by the code. The landscape plan also indicates a heavily vegetated entrance into the .project to the east. The only portion of .the site not landscaped is the driVeway entrance from State Road A-I-A. The landscaped entrance to the site will contain the following species: Item ........ ..specifications QUantity .. ,. 7-Gal; 36"- 42" 21 Green' Malayan Coconut Palm 14' 'Height, heavy, 6 ' ' Sea GraPe. head ... Blanket 18" 99 nder 24" ,net 30"x 24" 29 e Palm 10" - 14" Hei 6 As indicated in-this list the appliCant is providing for a variety of uses, which will provide a visual landscaped buffer between the applicant's project-,and the existing condominiums to the east. We must admit that we never in our imagination would be facing a highly visible 4' x 7' commercial' sign mounted.-on a 10' high pylon which is illuminated day and niqht and' will be visible from the third to fifteenth floors across from A-1-A. When you see this from our bedroom window, we are sure besides viOlating the stated HIRD objective of "conserving the natural and human values the island represents," it will certainly lower property values as we' all paid for the view with the belief that this whole area was to be residential According' to Section 7.02,02(J) signs, allowed under the Planned Non-Residential DeVelopment located in a residentially classified land use area shall comply with the provisions of Chapter 9 applicable ,to the Commercial Neighborhood (CN) Zoning District. Section-9,01.01(E) identifies the, following criteria for signage in the Commercial Neighborhood (CN) Zoning District'. July 25, 2001 Page 6 Subject: Sandi Simmons Letter File: PUD-00-002, RZ-01-012 and MNSP-01-006 Wall Signs Canopy Signs Ground Signs 10% of wall face area fronting on the main street 4 per face of free-standing canopy structures I per establishment having at least 50 linear feet of frontage 1 s.f. for every 2 linear feet of frontage- 100 s.f. maximum 10 feet in height. According to these criteria, the proposed project would be permitted the following signage: Wall Signs Ground Sign 6.4 feet 51.7 square feet of signage (103.33/2) and 10 feet in height. The applicant has requested-a 28 square foot sign, which is 45.8% less than 'the maximum permitted within the zoning district, The overall proposed building will have a maximum height of 16 feet with a sign which is 10 feet in height therefore the sign will not be excessive within this area. SUBMITTALS FOR PLANNED DEVELOPMENT SITE PLANS 11.02.10 A. PRELIM~ARY SITE PLAN REQ~MENTS A 'Preliminary Site Plan shall inclUde the following information: 1. General Information a. The applicant's name and.address. Century 21 Preferrbd Properties 2901..North A-1-A Fort ~erce, FL 34949 COMMUNITY DEVELOPMENT .__ ST. ,L',UCIE COUNI"~,., FL ~,, b. The applicant's interest in the subject property. Owner. The owner's name and .address, .if different from the applicant, and the n ' ow er s signed consent to the filing of the application. N/A do The street address .and a legal descriPtion of the property proposed to be reclassified as a Planned Development. Refer to the enclosed survey. The present, zoning classification, and existing uses of the subject property proposed to be reclassified. HIRD, Va ca n ~ c:mydoc/ez/ltr/9965-2 f. A statement of planning objectives to be achieved by the proposed Planned Development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The proposed Planned Development will consist of a 1, 792 square foot real estate offic~ Extensive landscaping and proper architectural design will insure that the project will blend in with the residential surroundings. This site currently is vacant and is being used as a constructiOn entrance to the Sands development .Construction of this project will enhance the arera g. A statement of the total number and type of dwelling units to be constructed; parcel size; approximate lot coverage of buildings and structures;' approximate gross and net area of all non-residential facilities, and an explanation of their use; residential densititeS; and approximate gross and net amounts., of open space. Refer to the enclosed EN.R'D. plan~ h. Information on land areas adjacent to the proposed Planned Development and an indication of the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. Refer to the enclosed EN. iZD. plan. i. A statement describing how the Planned Development is consistent-with c:mydoede2'/ltr/9965-2 -. ( the St. Lucie County Comprehensive Plan. The $~ Lucie County Development zoning. Comprehensive Plan allows for Planned A development schedule indicating the approximate date construction of . the Planned Development or stages of the Planned Development can be expected to begin and be comPleted. Refer to the enclosed P.N. 1~ D, Plan k~ A statement of the applicant's intentiOns with regard to the furore selling or leasing of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. The applicant has no plans to sell or' lease any portion of the Planned Developmen~ c 2nydoc/ez/ltr/9965-2 ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY REGULAR MEETING ST. LUCIE COUNTY ADMINISTRATION BUILDING- ROOM 101 July 26, 2001 7:00 P.M. AGENDA CALL,TO ORDER A. Pledge of Allegiance t3. ROll Call C. Announcements AGENDA ITEM !: June.'21, 2001,~ Minutes Action Recommended' Approval. Exhibit #1: Minutes of June.21, 2001, Regular Meeting AGENDA.ITEM.2:. CU,01-003 -.New Horizons 'of the. Treasure Coast Petition of New Hor~ons of the Treasure-Coast for a Major Adjustment to an Existing Conditional Use Permit to allow' mental ' health services in the I (Institutional) Zoning District. Staff comments by Hank Flores. Action Recommended: Approval Exhibit #2: Staff Report and Site Location Maps ~GENDA.ITEM.3: CU-.01,004.- Bingo Emporium Petition of Bingo Emporium for a Conditional Use Permit to allow a bingo-establishment in the .CG (Comm~,rma General)ZOning District. Staff comments by.Hank Flores. Action Recommended: Approval. Exhibit #2: Staff Report and Site Location Maps AGENDA. ITEM 4:RZ-01-012 - Century 21--PNRD Petition Of.Century 21 - PNRD (Culpepper & Terpening, Inc., Agent) for Preliminary Planned Non-Residential Development and 'a Change' in Zoning ~om the HIRD '(HutchinSon Island Residential District) Zoning District to the PNRD (Planned Non'Residemial Development- Century 21) Zoning District to 'allow a real estate office. Staff comments 'by Cyndi Snay. Action Recommended: Approval Exhibit #2: Staff Report, Site Location Maps, and Site Plan St. Lucie CoUnty .Planning and.Zoning Commission/Local Planning. Agency July 26, 2001 Page 2 AGENDA-ITEM 5: OTHER BUSINESS A~ Other business at Board Members' discretion. Next regUlar planing and Zoning Commission/Local Planning Agency meeting is scheduled to be held on ThursdaY, August, 16, 2001, in Room 101 of the St. Lucie County AdministratiOn Building. ADJOURN NOTICE: All-proceedings before the Planning and Zoning Commission/Local Planning Agency of St. Lucie County, Florida, are :electronically recorded. If a person decides to. appeal any decision made by the Planning and Zoning Commission/Local Planning Agency with respect to any matter considered .at:such meeting or'hearing, he Will need a record of the proceedings, and that, for such purpose, hemay need to.insure that ~a verbatim record of the prOceedings is made, which record includes the testimony and evidence upon which the appeal is based. Upon the request of.any party to the proceedings, individualS testifying during a hearing will be sworn in. Any party to the proceeding Will be granted .an opportunity to cross examine any individual testifying during a hearing .upon: request. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie COunty 'Community. Services Manager at 561/462-1777-or TDD 561/462-1428 at last forty-eight'(48) hours prior to the meeting. Any .questions about this agenda may be referred to the St. Lucie County Community Development Department- Planning Division at 561/462-2822. PLANN~G AND ZONING-COMMISSION REVIEW: 07/26/01 File Number CU-01-003/CU-99-009 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: FROM: Planning and Zoning Commission Planning Manager ~ ~ DATE: JulY 18, 2001 SUBJECT: Application of Bingo Emporium, fOr a Conditional Use Permit'm allow a Bingo Establishment in the CG (Commercial,' General) Zoning District. LOCATION: ~8441 South U.S. Highway No. 1. (Formerly the location of a Furniture Store in the south end of Palm Plaza) ZONING DESIGNATION: CG (Commercial, General) LAND USE DESIGNATION: COM (Commercial) PARCEL SIZE: Approximately 9,000 square feet of playing area PROPOSED USE: Bingo Establishment SURROUNDING ZONING: The subject property is surrounded by the CG (Commercial,. General) Zoning District. SURROUNDING LAND USES: The subject property is surrounded by the COM (Commercial) Furore Land Use Classification. The. general use of the surrounding property is commercial retail. FIRE/EMS PROTECTION: Station #12 (Walton Road) is located approximately 1 mile to the south of the subject property. UTILITY SERVICE: Utility service is provided by Port St. Lucie Utilities. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South U.S. Highway No. 1 is 200 feet. July 18,. 2001 Page 2 Petition: Bingo Emporium File No.' CU-01-003/CU-99-009 SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONC'U~NCY - DOCUMENT ~QUIRED: Certificate of Capacity. STANDARDS OF ~VIEW AS SET FORTH IN SECTION 11-07'03, ST' LUCIE COUNTY LAND DEVELOPMENT CODE- In reviewing this application for proposed conditional use, the Planning and ZOning Commission shall cOnsider and make the following determinations: Whether the proposed conditional useis in conflict with any applicable portions of the St- Lucie County Land Development Code; The proposed .conditional use .is not in conflict with any'applicable portions of the St. Lucie County Land DevelOpment. Code; Section 3.01.030(7), CG (Commercial, General) Zoning District, allowS bingo establishments as'a conditional use with- .Board of County Commission approval. ® Whether and the extent to which the proposed conditional use would have an adverse.impact on nearby properties; The proposed conditional use is not expected to adversely impact the'surrounding properties. The subject.property is located in a commercial area. Whether and the ~extent to which the proposed conditional use would be served by adequate Public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, Parks, and mass transit; This conditional use is not' expected to create significant additional demands on any public facilities in this area. Prior to any site plan approvals, the. applicant must demonstrate that the project will be served by adequate facilities. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment.' The proposed use is within an existing building and was July 18, 2001 Page 3 Petition: Bingo Emporium File No,: CU-01-003/CU'99-009 formerly the location of a furniture store. The proposed bingo establishment must comply with all local, state, and federal regulations concerning its development and operation. COMMENTS The applicant, Bingo Emporium, has applied for.the requested conditional use in order to establish a non-profit bingo parlor. Bingo establiShments are allowed as a conditional use in this zoning district upon approval of the Board of County CommisSioners. On January 18, 2000,' the Board.of County Co~issioners, thrOugh: Resolution 00-004, approved a Conditional use permit for St. Francis 'of Assisi Catholic FOundation and Ente~ainment South, Inc. - a Non-Profit Corporation to Operae a bingo~ establiShment in the same location. No bingo operation was established and the conditional use permit'has expired, In order to ~reactivate the bingo .establishment, anew conditional use permit must be.approved. ' Staff finds that-this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies ofthe :St. Lucie County Comprehensive Plan. Staff recommends that you forward this' petition to the Board of' County Commissioners With a recommendation Of approval, with: the following condition: ' The Board of County COmmissioners shall reserve the right to review the. conditional use permit .on a Semi-annual basis to ensure that the proposed project will not'have an undue, adverse effect on traffic conditions and parking fbr the entire-shOpping center. If the Board of County Commissioners determines that paring required for Bingo Emporium is creating capacity problems for the~ shopping center, the Board may impose restrictions on the hours of operation. Please contact this .office if you haVe any questions on this matter. Attachment hf CCi Walter Hannon File Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE: AFTER.CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING .STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 1 '1,07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE-ST. LUCIE COUNTY BOARD OF COI-~TY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF BINGO EMPORIUM FOR A CONDITIONAL USE PERMIT TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZON~G DISTRICT, BECAUSE ... [LIST CONDITION(S)] MOTION. TO DENY: AFTER CONSD'ER[NG THE TESTIMONY PRESENTED DIJRING THE PUBLIC HE--G, INCLUD~G STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS 'SET FORTH IN SECTION 11.07.03, 'ST. LUCIE CO~TY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT T~ PL~IN.G ~' ZONING COMMISSION ~COMMEND THAT THE ST. LUCIE COL~TY'BOA~ OF COUNTY coMMISsIONERS' DENY THE .APPLICATION OF BINGO EMPORi~ FOR A CONDITIONAL USE PERMIT TO ALLOW A B1NGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE [CITE ~ASON(S) WHY 'PLEASE BE SPECIFIC] S. . . Section 3.01.03 Zoning District USe Regulations C'G COMMERCIAL, GENERAL Purpose The purpose of this diStrict is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose. undesirable.noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses-as may be necessary to and compatible with general commercial surroundings. The number in "()" follOwing each identified use corresponds to the SIC code reference described in Section 3.01,02(B). The number 999 applies to a use not defined under'the SIC code but may be further defined in SectiOn 2,.00,00 of this code, Permitted Uses g. h. i. j. k. i. [ri. n. o. p. q. r. $. t. U.' V, W. X. y. Z. aa. bb. CC. dd. ee. ff. gg,, Adjustment/collection & credit, rePorting services (732) AdvertiSing AmPhitheaters ¢,,~) - Amusements & recreation services-except stadiums, arenas, racetracks, amusement parks and bingo parlors Apparel & accessory stores Automobile dealers Automotive rental, repairs.'& serv. (except body repairs) Beauty and barber services .Building .materials, hardware and garden supply Cleaning services Commercial printing Communications --except towers Computer programming, 'data processing & other computer serv. Contract construction sent. (office & interior storage only) Cultural activities and nature exhibitions Duplicating, mailing, commercial art/photo. & stenog, serv. Eating places Educational services - except.public schools Engineering, accounti.ng,.research, management: & related, services Equipment rental and leasing services Executive, legislative, and judicial functions (9~2~,~5~r,~?~ . Farm labor and management' services Financial, insurance, and real estate Food stores Funeral and .crematory services Gasoline service'stations General merchandise stores Health services Home furniture and furnishings Landscape & horticultural services Laundry, cleaning and garment services Membership organizations - except for religious organizations as provided in' Section 8.02,01(H) of this code Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1, 1990 118 Revised Through 08/01/00 Ill C,'O ! ZD C) S I~ L A. LNIgOO ' 3380HO33NO A Petition of Bingo ,Empori'-'-~um Establishment in the CG .Zoning District' for a Conditional Use Permit to allow a Bingo I i ! I I 1 \ I i ! ' ~ ' . I '.- ! I i Mediterr (]neon Boule¥or d I '! i I I I ! South I I I I I I I I I I I I I I i I I CU 01 -OO3 I l I I I I I I I I I I I I I I I I I l l Sovonn.o Club Blvd Map p~epamd June. 27, 2(X71 { Zoning PUD Bingo. Emporium Drive i i I 1 I i I -I G G Medi ter tone an Boulevard South I I ~ I I i ,RM.H-5 , ! I I I ! I I I I CU 01-003 ~W~'~ This pattern indicates subjeCt 'Parcel Savanna Club Blvd Map prepared June 27, 2001 'Land Use ' Bingo Em.porium . .... "' ' '~ ~ I' I T I' .. ~ ~~' I~ ',~ · .I ,~ ! . ,* i _ ............ ___~ ,~. t I · I I .. t I-'X. , -,RU , . ,-.,,,, ~., . ,, , , , . '- 1 · i I ' ' ' ' I I !' . ~ ~ Mediterroneon Boulevord South' _,____~. .,., ~//~/~ I I . ' " . J ~l I I15 ' ~ iA5~ovo..oClubBIvd- C'U ' 01-003 M/'///] This pattern, indiCates l/.'/ ject parcel AGENDA -PLANNING &ZONING COMMISSION THURSDAY, JULY 26, ~ 2001 7:00 P.M. Bingo Emporium has petitioned St. Lucie County for a Conditional Use permit to allow a Bingo Establishment in the' CG (Commerc~l, General) Zoning District for the following described property: SEE ATTACIIED LEGAL DESCRIPTION Location: 8441 South U.S Highway NO l(Saint,Lucie Palm Center). Ple~e .note. that . all proceedings before the .Local Planning Agency-are electronically recorded. I~a person decides to appeal any decision made by the Local Planning Agency with · respect to any matter considered at such meeting or hearing, he will need. a record of the proceedings, and that, for such purpose, .he may need to ensure~.that a verbatim, record o~ the ProceedingS is made, which'record includes the testimony and evidence upon which the appeal is to be based.. 'Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in; Any party to the proceeding will be granted an. opportunity to cross- examine any individual testifying du~ng a hearing upon request..written comments received in advance of the pUblic hearing will also be considered. Prior to this publiC hearing, notice of the same was sent to all adjacent propertY owners JulY 11, 2001. Legal notice was published in the Port St, Lucie News. and The TribUne, newspapers of general circulation in St. Lucie County, on Junel 3 & 16,2001. File No. CU-01-003 BOARD OF COUNTY July 11, 2001 COMMUNITY DEVELOPM ENT DIR:ECTOR JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that Bingo Emporium has petitioned St, Lucie County for a Conditional Use permit to allow a 'Bingo Establishment in the CG (Commercial, General) Zoning District. Location: 8441 South U.S Highway NO l(Saint Lucie Pahn Center). THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., .or as soon thereafter as possible, on Thursday, :July 26, 2001, Room 101, across from St, Lucie County Civic Center Auditorium, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in ~advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission .should be received by the County Planning DivisiOn at least 3 days prior to a scheduled hearing. COunty policy discourages communiCation with Planning and Zoning Commission on any case outside of the scheduled .pUblic he~ng(s). You may speak at a public heating, or provide written comments for the record. The Proceedings of the Planning and Zoning are electronically recorded. If a Person decides to appeal any decision made by .the Planning and Zoning with respect to any matter considered at "such meeting or he~ng, he will need a record of the proceedings. For such propose, he. may need to ensure that a verbatim record of.the .proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing Will be sworn in. Any .party to the proceeding will be granted an opportunity to cross-examine any individual .testifying during a hearing upon request. If it becomes necessary, a public hearing may be~ continued to a date-certain. Anyone with a .disability requiring accormnodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561)462-'1428. ' If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File 'Number CU-01-003. Sincerely, ST. LUCIE COUNTY PLANNING AND. ZONING COMMISSION Stephen Matthes, Chairman JOHN ID. BRUHN. District No. 1 · DOUG COWARD: District No. 2 - PAULA A. LEWIS. District No. 3 · FRANNIE HUTCHINSON. District No. 4 · CLIFF BARNES. District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561)462-1590, · Planning-(561)462-2822 · GIS/Technical ServiCes: (561) 462-1553 EconOmic Development: (561 ) 462-1550 o Fax: (561 ) 462-1581 Tourist/Convention: (561) 462-1529 ° Fax: (561) 462,2132 . . 1't-lIS Mi-]ETING IS REscitEDULED FROM ILII.Y t9. 2001 Legal Description: Comlnencing. at lhe northwest corner of. said sectJ~>n 25,' Township 34' South, Range 40 east, St. Lucie County,' Florida; thence 00°04'19'' west, on an . assumed bearin~l along the west. line of said Section 25, a ! distance of 13~i.O0 fed to'the north line of Government Lot 2. in said' Section 25; .thence'north 89o51'29". east · along the north line of said Government. Lot 2, a distance :~'of.251.60 feet to the westerly .rightZol-way !ine of Slate Road A-1 :A; thence '16°28'27" easl, a distance of 303,75 feet; thence 15°57~59" east, a: distance of 252.05 .feet to the point of beginning, the last .'fwo (2)'COUrses kom the. westerly' right~0~-v;'a~ line of State l~c/ad A-I?A; thence · 15057'59" ecist along the WeSterly r~ht~f-w~aY' line Of 'State Road A-1-A, a distance at~ 1.03.33 feet; :.Ttm_ 'n~:e. sooth 80~5.0'40"- west, a distance'of 125,69 feet; It~e/Ice'horth 1.1s13'~1" 'west,' a..distance of 94;00' f~et~ them:e no~th 76o36'16"'east,.a distance of 1.17.t6 feet to ~e'.point of beginning. Containing'l 1,950 square feet (0:27.acres, . mo.re0r"les~).. . . '"ust ' ' ' ' ' LocatiOn: west side :of North A-l-A,.' j south of the N~rth" .] .'.Hutchinson' tsland :Wast~water Treatment .J:ac. ilJty;... :.:..! .).'---.:' · i '~,,o a.,o,,,- IC;ommei'cial ~all' , foqo. wi.na p. rop~y:'~. - .. TO .WIJOM 1T MAY CONCERN: N~TIC.'E is' hereby'given 'in accordance with SL~l'ion: -' 1.1,~00;03:of the. Sf;:Lucie County Land Oeyetop' .~j~ .,.. and the 'provisions :of the Sti 'Lucie'~Cbunty C0mPr~I~. .' i-..P.'lan~ 'the 'follo.,,91ng .applicants have requested .,Lude.'C0Un~y r~a~.,!ng and ' their.follbwing rc, quest:' . ' ' ' - '. ~ (:eN.TUR¥ :~1, for :a 'change in ,on~,g fo., ~lRC).l'ad~. i~: · . so~ Island Residential' Distrldt) Zoning Distrid to.the PNRD '.~ (Planned No~-Residential District) ~oning District for the ' following described Property: ' ' ' Being a parcel of land lying in Government Lot 2, Section 25s, . Township 34 South, Range 40 east, St. Lucie Count;/,. Flori- da, being more particularly described as follows: .: ..- . :" ,.' '; '... -. " .' . , · ... · .. · . . . . : .. . ..- · -.. · . .. . · .: ,., ..... _:;.. . · · . . . , . . ,. . · · ' ' ; east:, .P. lat nb.'-I .a · . ~ok ~,"at ~ intersection; of:i , ~edY¥. I); line of Florida i hence south 62~°] 27o 31,.40' wad !o~ '.eaSt/ along a:tim pardlle[to ~ ',li~.~ ·of said Cot ·~. ~ · ~.~e ~",orth: ~ine'of. sa~ · ' ..'.:; ": 368.77 feet'tothb'poi~;~ ~innir~l- Sul~jectt ~.'the~n~h'" · j'~.'feet and tt~e .South .e~'.".~lY,' 30 feet/or r'o:]d Util'.,~. " ' ...... I ' d~ainage' purposes ....... ' - - ' " :'- ! That '.pbrtion of Lots' 5', 6. ahd 7 of Block ," Sedi' [' ,To,~nshlp 36 'south, Ranc,~..~0 east; Plat ~? I-Of"Si.':LU~Je, "~ Gardens as recoi'ded in j~lal book. 1,:~ at page '35 of. the' . ! foll~w~--' ' °intC:L~te~s'e~i~n'°f'~ewest- J ' ' i Rbad No: 5."(U.~. 1)and the · · '' ' ' public~,reCords of St. Lui? follow~." commence a(lh~polnt of i? '1 erly-i-ight~of-way of sta~ Rbad j'4~ .~J · . . . .,,· , o e "' t' ~"' · k. ne~th Ii.r~'~.Of said Lot'6, ih~nce norh 89 4~ 48~ wes.. ' · J~"~',ng' tJ~ north line of·'L¢:i;6, 35:L77 fe~t t0 ~e' point of~. J · 6egi,i*'jn~'~,~'ihence' cb'd~u~[ ~0rtJ' ~4~'28"- Wed. 610ha J' - - l' af~rescid'-l~'~O~OO f~t;~h~c'~ut~ 00~'1~' west~. l:...~0'.~'J0~ ~0.7~'.feei:;t~. ihe ~int df-. ~in~i~:,~esS...'~J' J .('~then~:'.~e,:~.j~0)f&t O['the~'~'des'~i~ ~rcels..:' .: 'J JLocatio~:'8421 s~l~.bL~. Hig~waql' :. '- "' ". J 'Legal ~e~iptio~: ~.°det Eond. So~i~ion ~. S~io~'.' ! I&Ss a strip of idna fc.r r~d right-of~Y'on'ne ~ / . o~ ~he ~est end ~d~, 64.03 fi ~n~ ~st end; s l'.CoUnty,Fl°rida'' ~": '" ' i ' : .-":.'"~ ':' J ! f' '"":""" / /Public H~X,~H'as .~i,:U, 'held in ~om' ~ 0~-' 'a~ds~ . ~, :¢.,., , ,:. .... ~ · . · , ~ i~. · ~.; ~.. '" ' ' ' ..... e ' ' ' * ""' '" *~i '.agency, or commission with resp~to a~y ~.io~$ d- J ~i~ ~t a ~eeti.g d~ ~rin~ ~ d!i. ned 'a r~'.of . ~n~Ure mqi a ve~bdim r~o~d of.~'~rocedi,g~is'mdde; J ~ich' r~bd i~cbde~ me testi~n~' a,d e~ide"c~ ,~,'J ~h~i~O ~o'zo~.oco~'M's~o~'m ... - . l ,'~T..:~UC. IE COUN~;;FLOR~b~ ;'~" '.. ' - . ~?....: ;:'~.~. '. J PLANNING AND ZONING COMMISSION REVIEW: 07/26/01 File Number CU-01-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: DATE: Planning and Zoning Commission . .Planning Manager JUly 18, 2001 SUB. CT: Application of New Horizons of the-Treasure Coast for a Major Adjustment 'to an Existing Conditional Use Permit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District. LOCATION: 4500 West Midway Road ZONING DESIGNATION: I (Institutional) LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 9.06 acres PROPOSED USE: Mental Health Facility (medical and other health services) suRROUNDING ZONING: I (Institutional) is located to the west, AR-1 (Agricultural, Residential - 1 du/acre)is located to the north and east. The Properties south of Midway Road are within the city limits of Port. St. Lucie With an RS-2 (Residential, Single-Family 2 du/acre) Zoning Designation. SURROUNDING LAND USES: The eXisting land use surrounding the subject property is developed into institutional uses and some residential homes. The Sheriff's Office and Post Office are .located to the west, as well as, the existing New Horizons facility.. FIRE/EMS PROTECTION: Station #6 (350 East Midway Road ) is located approximately 3 miles to the east. July 18, 2001 Page 2 Petition: New Horizons of the Treasure Coast File No.' CU-01-004 UTILITY SERVICE: Water and sewer Service will be provided by the Ft. Pierce Utilities Authority (FPUA). TRANSPORTATION IMPACTS RIGIIT-OF-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 80 feet .... SCHEDULED IMPROVEMENTS: None. TYPE OF coNcu~'NCY DOCUMENT REQUIRED' Certificate of Capacity. STANDARDS OF ~VIEW AS SET.FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations': le Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The,proposed conditional use is not in conflict with any applicable portions of the St. Lucie-County Land Development Code. Section 3.01.03(X)(7), I (Institutional) Zoning District, allows mental health facilities. (medical and other health services) as conditional Uses with Board of County Commission approval. e Whether~and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties.. Adequate public facilities for this use .are available, The proposed conditional use is in conjunction with the existing NeW Horizons facility located directly to the west. The subject property will be used as additional office space for the existing office facility. July 18, 2001 Page 3 Petition.: New H°rizons of the Treasure Coast File No.: CU-01-004 3~ whether and the extent to which the proposed conditional use would be served by adequate Public facilities and services, including roads, police protection, solid waste disposal' water, :sewer, drainage structures, parks, and .mass transit; This conditional use is not expected to create significant additional demands on any Public facilities in this area. The single-family home, located on the subject property will be converted to commercial uses. No other structures are planned at this time. e Whether and the extent to which the proposed conditional use would result in significant adverse impaCts on the natural environment; The proposed conditional use .is not. anticipated to create adverse impacts on the natural environment.. The'existing structure complies with all local, state, and federal regulations concerning its development and operation. cOMMENTS The applicant, New' Horizons of the Treasure Coast, has applied for the requested major adjustment to an existing conditional use in order to use the subject property as an office for their existing operations located directly to the west of the subject property. Mental health facilities (medical and other health services) are allowed as a conditional use in this zoning~ district upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. LucieCounty Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County COmprehensive plan. Staff recommends that you forward' this petition to the Board of County Commissioners with a recommendation of approval. No special conditions haVe been recommended. Please contact this office if you have any questions on this matter. Attachment hf CCi M.L, Silberman J,P. "Butch" Terpening. File Suggested motion to recommend approval/denial of this requested conditional use. MOTION TO APPROVE; AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH 1N SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND. ZONING COMMISSION RECOMMEND THAT THE ~ST. LUCIE CO~TY BOA~' O.F COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF NEW HO~ZONS OF TIlE TREAS~ COAST, FOR A CONDITIONAL . USE PERMIT 'TO ALLOW MENTAL HEALTH SERVICES IN THE. I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] MOTION ,TO ,DENY,;. AFTER CONSIDERING THE TESTIMONY P~SENTED DUP~G THE PUBLIC HEARING, 1NCLUD~G STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND. ZONING COMMISSION RECOMMEND THAT.THE ST. LUCIE COUNTY BOARD OF CO~TY COMMISSIONERS DENY THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, FOR A CONDITIONAL USE PERMIT TO ALLOW MENTAL HEALTH SERVICES .IN THE I (INSTITUTIONAL) ZONING DISTRICT... ACCESSORIES IN THE AG-1 (AGRICULTURAL - 1 DU/AC~) ZONING DISTRICT, BECAUSE... [LIST, CONDITION(S)] X. o . . . o . Section 3.01.03 Zoning District Use Regulations .L INSTITUTIONAL Purpose 'The purpose,, of this district is to provide and protect and environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, 'and quasi-public.surroundings. The number in "()" following each identified use corresponds to the SIC code reference, described in Section 3.01,02(B). The number 999 applies to a use not defined under the SiC code but may be further defined in Section 2.00.00 of this code. Permitted USes a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. c, Family residential 'homes provided, that. such homes shall not be located within a radius of one thousand(1000) feet of another existing such familY'residential-home and provided that the sponsoring agency or~ the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occuPancy that the home is liCensed by HRS. d. Institutional residential, homes. e. Parks. f. Police & fire protection g. Recreational .activities. h. Religious organizations , Lot Size Requirements Lot size requirements shall be in accordance with,Section 7.04.00. Di'mensional Regulations Dimensional .requirements shall be in accordance with Section 7,04.00. Off-street Parking and Loading Requirements. Off. street parking and loading, requirements, are subject to Section 7.06.00. Landscaping Requirements Landscaping requirements are subject to Section 7,09.00. Conditional Uses ao Amphitheaters. (999) ~, Cemeteries. (6s53) Membership' organizationS (se) Correctional institutions. (9223) Cultural activities 'and nature exhibitions. (999) Educational services and facilities (82) Executive, legislative, and judicial funCtions. (9~.92,93,~,,5.~6.,?) Adopted August 1, 1990 132 Revised Through 08/01/00 ~ onir~gNew ~i._~.riZons of the Treasur& Coast ' ' ' RS-2 , I I I - I .i I I I ~ ¢ ! I I I '~ '~ t '~ - ' I L~, I ! I ! I t ~.Oa ~ I I ' t m.o7 Ac , i 1 I I '1 · I 1 i ' AR-1 , , I I I I I 1 I I I I I !. "i I t I 1 I I I t I ! I 1 i I I t I I ,I ~ i I i.I I I I I 1 I 1 I i ~ 23.56 I t I I 1 I ! FI I I I I ! .! ! I I I I AR-1 ,' i I ! ! i I I I West Road Ru Drive .,:,_:",..',..:...'... :,., -...o .-...-.. --. 3'-- .':'--. :"o-. :"--. :"o.. :"--. :':... :". - -"... :".....". ',:,,..-'o -.:..:::,.:' -'. ::... -. .. :"... :--,..:,-... :--,.. :".- .--...--....--... :--._ .... :"... :-o.. -... ::,...,. ::..-'._-',.- :... :,., - _--,.::.. :...-. CU 01--004 & BCC 01-004 I'I'his pattern indicates subiect parcel This pattern indicates City of Port St. Lucie al CirCle 0 Map prepared June 26, 2001 , A Pgtition of New Hoi'..)ns of the Treasure Coast for ~t' 1ajar Adjustment to an Existing Conditional U~'e in the IZoning District, ' I " I ' ' ~ ' ' ! ...... I'" " -- I I' , I I I I I I ! t I I I I I ! I "t . I '/ - I i t I I ~.o7 ~ I ~.o~ ,,,: I ! 1 t I 1 I I 1 I I I I t t ~ I .... t ..... 'i ' -~ I ! '1 i. I I I I I I ! I I I I i " I I ! I ! .I I . I I i i ! I I .! .I ~ I I 1. -1 1 · I ' 1 I .' ' ~,. , ' = = .i , , ' - , ~ ' . , , · i, F ,rite Road I I I ! ! I t I I i 1 I I I I 1 I I I ! ! ' ! i :~.5~ ,~ I I. I I t I I I i i I I ! I I I ! I'l- l # I /: /~ ~: .... ! - .46 I ! i I ! I i I I I I I i i ! ! .i I ! I I ! I I ! I 1 I I I ! ! I I I . ! ! ! I I ! ! I I West Mid Road . -... -. ':. -': ..:: ..:; ... o .. :' ... -... :... -..: ,., --,., :'",., :%, ,.:~,. ,. :",., :~,. -- , :% -, "-.. -%., :",. ::'-'"--::'-:'--::.-.-'-_-:,.-:,.:'...-:,_:'.. --'' ,.--,...--,.. :--.., :",,. :".., o- ., :--,.. :",., ?,. ,-",., - .,.: ,.--,_-.,.- ...,..:.,.....::, .'...-, CU 01-004 & BCC 01-004 ~//~~~This pattern indicates subject parcel I:" "; "'-; '" ~ :?,.:...:.::..,:,: This pattern indicates City of Port St. Lucie ol Circle 0 Map I~el:)m'ed June 26, 2001 · _and'bSe New i"..arizons of the Treasur'u Coast i I I I ~ ~ 5 4 i I .... '~ 'I "" ' I ' ~ I I I I I ,~.o7 ~ I ,~.o~ ~ : I I 1 ! ! I I I '! I I, I I ,. t I I ..... 1' '' ' i' t I I ! I I I i i I I I I / I -- i ' I i II ! I i · I I I I I ' I I I I I I I t I · I I . ,, , ~ , , · , . , ·, Fovorite Rood I I I I ! I I I I { ~ i ! I I I I I I I I I I I 2~.56 ~ I i ! I I I I I I I I I I I ..i. I ~ I ~ ~ ~ i I I I I I I ! ! I I I I I i I I I i I ! ! I I ! ! i I Wes t M Rood Ru Drive R, iai Circle ,:'°o. ,:--o.,:-o, .:-o,, :%., :%, -%, . -:.: :.--: ::.: -,., :,,.: ::.: ~::.: ::. -: ._ - - -o,. :.-.: ....-%. -%.. 3%. :% -, :% -,, :'% .. :% -. ~ -- :% - .:-. - .--- :.: --: ,.- ,.- ,..:...~.,.: .o...~-, ,,..- CU 01-004 & BCC 01-004 ~/'~,~,,~ This pattern indicates subject' parcel This pa~ern indicates City of Port St. Lucie Y LNITS ::~': Map ~~ J~e 26, ~1 o $ 9~' 1 M.NIgO0 338. OHO33~HO · AGENDA - PLANNING &ZONING COMMISSION THURSDAY, JULY 26, 2001 7:00 .P.M. New Horizons of the Treasure Coast has petitioned St. Lucie County for a major adjustment to an Existing Conditional. U~e in the I (Institutional) Zoning District for the following described property: SEE ATTACHED ~GAL DESCRIPTION Locatior~-: 4500 West Midway Road, Ft. ~'erce,' FL. Please note-that all proceedings before the Local Planning Agency are electronically recorded. If a person decid~ ~W appeal any decision .made by the l.~cal Planning Agency with respect to any matter considered at such meeting or hea~ng, he will need a reCOrd of the proceedings, 'and that, for'suCh purpose, he may need. to. ensure tha~ a verbatim record of the proceedings ~ made, which record includes· the t~timony and e~idence upon which the appeo! ~ to be based. Upon the request of any party to the proceeding, individuals' testifying during a hea~ng will be: sworn, in. Any party to the :proceeding will be granted an opporrtunity W croSs-. examine any individual testifying during'a hearing upon request. Written comments, received in advance of the public hearing will also be considered. Prior to this public .hearing, notice of the same was sent to all adjacent property owners 'July 11, 2001.' l.~gal notice w~ p.ubl~hed in the 'Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on :June13 & 16,2_001. File No. CU-01-004 BOARD OF COUNTY COMMISSION£RS July 11,. 2001 COMMUNITY DEVELOPMENT DIR'ECTOR JULIA SHEWCHUK In accordanCe with the St. Lucie County Land Development Code, you are hereby advised that New. ltorizons of the Treasure Coast has petitioned St. Lucie County for a major adjustment to an Existing Conditional Use in the I (.Institutional) Zoning District. Location: 4500. West Midway Road, Ft. Pierce, FL. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition Will be held at 7:00 P.M., or as soon thereafter as possible, on Thursday, July 2~ 20.01, 'Room 101, across from St. Lucie Coun~ Civic Center Auditorium, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard 'at that .time. Written ~comments received in advance of the public hearing will also be considered.- Written comments, to. the. Planning .and Zoning Commission shoUld be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with Planning and Zoning Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings'of the Planning and Zoning are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning with respect, to any matter considered at such .meeting or hearing,, he will need a .record of the' proceedings. For. such purpose, he may need to ensure that a verbatim record of the proCeedings is made' which record includes the testimony and evidence upon which the appeal is to ~ based. Upon the request-of any party to the proceeding, individuals testifying during a heating will be sworn in. Any party to the proCeeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public he~ng may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Co 'mmunity~Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please fOrward this notice m the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number CU-01-004. Sincerely, ST. LUCIE CO~Y BOARD OF COMMISSIO~RS : ~' ? Hutchinson, ChairWom~n JOHN D...BRUHN. District Nc). I o DOUG COWARD, District No. 2 o PAULA A. LEWIS. District No. ,3 o FRANNIE HUTCHINSON, District No. 4 · CLIFF BARNES District No. 5 County Administrator - Douglas M. Anderson ' 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-.1590 ° Planning- (561) 462-2822 · GIS/Technical 'Services: (561 ) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561 ) 462-1529 · Fax: (561 ) 462-2132 i flb ;',Ai![! 1 1'0 WI.-IOM II MAY CONCERN~ N~TI~E i~' hereby'given 'in accocdance wilh Sec~ior~: · -' -"' .' ~j.00,03'o~ th~,. Si:.t~cie C~ t~ . ' dnd ~he ~royisi~s :of ~e St. L~,Cou~ Co~~~ .- · .. ~... p'lan~ '~ 'follo~i~ gpp~c~ ~ r~st~ .,Lude'Coun~ Planp]ng. a~ Zoning C~issi~'.~~ -~ · · · .L ., · . J".. (~iam~ed Non-Reside,llat Dist~icl) Zoning Distdd t~ l,e j 'folloWing descflbed p,op~: '" ' Being a paeceJ of land lying in ~vefnme-t Lot ~, S~,~, J Tow~hip 34 South, Range 40 east SI. Lucie County, da, beina .~Jofe pa~icutarly desoibed as follows:  Lude County,' Florida; thence O0 04 l y .we~, u~]:~ .'. .. assumed bearin~ along the wesl line of said S~ion 2~, a - n e of 1321 00 fed to'the nOrth tine of ~v~mnl dis!a o - - .... o · ~ ~st ~ 9 i~ said S~ion 25;-thence nodh 8971 29. .... ' ..... - · I 2 a dista~e J aloha ~e nodh line of m~d .~v~nment Lo .~ .... . J "~ ~ ~O feet to t~ west~-Iy fight:of-way }me "i~o ~7i.~; ,Le.~ ~6°2r2r ~,,, ~ di.,~.ce ~ ~-'= . feet; thence 1505~59" ~st, a' distan~ oJ 252.0~ f~ to the. point oJ ~inning,' ~e last .~o (2)'coursm kom " w~Jerl right~f'~a~ line of State R~d A-I-~ ~e · stye Road A4'& a distancq o~ 103.33 f~t; ~T~e. ~ 80050,40"~we~, a disrobe of 125.69 f~t; t~e ho~ ' ~ · 11,13'~1".~est,"a-.distance of 94:00'f~t~ t~ee 76o36,16"'~st,.a distance of 117.16 f~ to ~ ~int of ~inning. Containing 1i,950 square f~t (0.27 .~es, m~? 0r'lesi}.- · ' ' ' ' L~0n: W~t ~de .~ No~ Ar ~-~. lust soum'8 ee N~' . ~ -. . ; ~' .. ~" '~ . J .ZMi,~,D!;~~j~ ~iro,owi~g ~o~:'* '. '. '""t:' ' "' ' g .... id t8v ':~ce-s~m ~r:~t. ~u:'.~ ' f~;'mince n~ 0e ~ {-':~st along a:li~.~lld:to · ' .m~;~st li~' of ~18~ Ca 6~ f~ .79.73 ,f~' ~J~.~f J:. '1'~' feet o~ ~e. ~ ,19: f,t - I 'd}ai.bge' ' ' " " ' " ' /PARCE~ ,fL so~ !~ ' · , . ... purpOSeS, "i'. i ~. ' ' -'.' B-1 : . ' ...'I 5,, ' : ':."":.. '"~ '. That.piortiOn of Lots ~, 6..~ 5.~ ?'la~:L.3.'l To4.inship 36 soum, Kan~e. eu.t'~,., ,: . ' ' ;,,, '21 ,i.. ' i~blic,redOras o, ~,..,--, p ~ -~ ..... ~' · JoIJoW~; c°mmence of t~oint' of.i~t~i~ erly. fight~f,way of SJq~..R~d No~ 5.[~.S- tj lfi~ north line ~.'to~'6, 35J,~ f~t to ~ ~int of-.' major adi.,t~..t to,an ~xistin~ CJ ~itio~l ute ~'me I (l~i},~i6nal) Zoning Oistrid'f~ me I b~ng ~o~:' :.-,. Dei~iptiofi: ~.~el tan~Su idsi~ ,~ip 8 ~a.a ~e, c~d right.of the ~est e.d ~'.64.0a "o. · County, Florida. ' ... Location: 4500 Midwa'{ Road. ' .. -7 i'on'7'deci~es to aP~I 'a~y 'd~is~n.'-m~.'~"a' ' dgency, ~ co~misslo~ Wilh'respe~ to ~y'~.~id' ~ at a ~eeting 6r '~ri~, ~e ' e,iure 1~{ a v~batim r~ord of .~;~ ~~i~tis'mdde; ~i¢h r~brd includes lhe · which the opp~l.is to ~ ~s~. I.. .t~hN~Na aNO'ZON,.a C0~,SS,O'N - · ~T..:[UC'IE COUNTY, FLORID4 · ~ - . · ~-.,..' '.f<': '.. : ,- L.: . ' .... · .. ~.,'. . ' '... · .-:' · , -' . ~.; ~. '." '.."...}" -' "- .""-'.;. ' v' ' .21'894~ .-- . · . ....:, ..: . . · :.:.- .... · '..'. ,.- ." ::i '- ' :-- '. . .' . . . . .. . .. . . . .. . . PLANN~G AND ZONING COMMISSION REVIEW: 7/26/01 File Number RZ-01-012, PUD-00-002 and MNSP-00-006 MEM, ORAN, DUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO- FROM: DATE: SUBJECT: Planning and'Zoning Commission Planning Manager ,. :* '~ July 19, 2001 Application of Century' .21 Preferred Properties, for a Planned Nonresidential Development approval for :the Project Known as Century 21 Real' Estate Office, and for a Change'~ in Zoning from the. HIRD (Hutchinson island Residential District) Zoning'Districts to the PNRD (Planned Nonresidential DeVelopment -Century 21) Zoning'District for a 0.27 acre land tract to allow the ~c°nstmction of a 2,492 square foot (building.- 1,792 square feet, garage -696 Square feet)-building. LOCATION: West side of North A-l-A, just south of the North Hutchinson Island Wastewater Treatment Facility ZONING DESIGNATION: HIRD (Hutchinson Island Residential District) PROPOSED ZONING: PNRD (Planned Nonresidential Development- Century 21) LAND USE DESIGNATION: RM (Residential Medium) PARCEL SIZE: 0.27 acre PROPOSED USE: A-1,792 square foot real estate office SURROUNDING zONING: U (Utilities) to the North, HIRD to the south, east and west SURROUNDING LAND USES: RM (Residential Medium) to the north, south, east and west. FIRE/EMS PROTECTION: Station//9 (3595 N A-l-A), is located approximately one mile to the north. UTILITY SERVICE: St. Lucie County Utilities TRANSPORTATION IMPACTS RIGHT-OF.WAy ADEQUACY: North A-1-A has a right-of-way width of 100 feet. ~July 1,9, 2001 Page 2 ~ Petition: Century 21 Preferred Properties File N~.: RZ-01-012, PUD-01-002 and MNSP-00-006 e SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this.apPlication for proposed rezOning, the Planning and Zoning Commission shall consider the following determinations: Ii Whether the propOsed rezoning is in conflict with any applicable portions of the St. Lucie County ,Land DeVelopment Code; The applicant is requesting a preliminary and final PNRD (Planned Nonresidential Development) approVal for the entire 0.27-acre tract, of land, The proposed' rezoning has been determined to not be in conflict with any applicable provision of the. St. LUcie County Land DeVelopment Code. The · application ~for Preliminary Planned Nonresidential Development (PNRD) approvalhas been reviewed for consistency with the provisions .of the St. Lucie County Land Development Code'and has been dete~ned to meet all ~applic.able standards Of,review. Section 7.02.03(E)(1) allows for a reduction in the,total number of parking spaces required for a specific development. The apPlicant has requested a reduction in the total required of parking spaces from nine to six, The 'applicant has provided the following supporting information: C, d, This project is a proPosed real estate office with will employ :three people during the period of .8:00 am to 5:00 pm. There will be no deliveries to the office other than the US Mail and overnight express companies.. There will always be three parking spaces available with the availability of the loading zone to accommodate any overfloW needs. All semi-annual sale meetings will be scheduled so that they do not conflict with deliveries, -therefore, sufficient parking will always be available .... Staff has reviewed~ . the applicant' s,j'Ustification and agrees with the request for a reduction in the total number of parking spaces from nine to six. Whether the proposed amendment is cOnsistent with ali elements of the St. Lucie County Comprehensive Plan; The ~applicant' has~ demonstrated that the proposed PNRD (Planned Non-Residential Development) anaendment is consiStent with all elements of the St. LuCie County Comprehensive Plan. Policy 1.1.8.4 allows fOr commercial uses consistent with Commercial Office (CO) and Commercial July 19, 2001 Page 3 Petition: Century 21 Preferred Properties File N0~: RZ-01-012, PUD-01-002 and MNSP.00-006 NeighborhOod (CN) on properties that,have an underlying residential future land use if the standards · of the section are met. Those standards are met by the subject property which is located within the RM (Residential Medium) future land .use designation. According to Section 3.01.03(Q) permits real estate °ffices as a permitted use in the Commercial Neighborhood zoning district. The proposed rezoning is consistent with all other' elements of the Comprehensive Plan. Therefore, the proposed petition is consistent with the St. Lucie County Comprehensive Plan. e Whether .and the ~extent to which the proposed zoning is inconsistent with the existing and proposed land uses; 'This proposed change in zoning and the accompanying Planned Nonresidential Development site plan is consistent with the 'existing and proposed uses within the area. The property located to the north of the subject property contains the St. Lucie County NOrth Hutchinson Island Waste Water Treatment Facility. The proPosed real estate office is compatible with the existing wastewater treatment facility to: the north ~and the residential uses tO the:south and east. The location will :alSo minimize the impact of the real estate office on the .surrounding uses. e Whether there have been .changed conditions that'require an amendment; 0¸ There are no.changes that would require an amendment. . Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent 'to which the proposed amendment would exceed the capacity of such public facffities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, sChools, solid waste, mass transit, and emergency medical facilities; e The applicant is proposing 1,792 square foot real estate office.resulting in.minimal demands on public facilities. The applicant haS received confirmation that sufficient capacity if available to meet the demands of the proposed project, North A-1-A 'has sufficient capaCity to meet' the ~traffic demands generate'd~ by the proposed development. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The subject,, property proposed .for development was previoUsly cleared. There is no significant native vegetation lOcated on the sUbject site. e Whether and ~the extent to which the proposed amendment would result in an orderly and logiCal development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a ~RM(Residential Medium) Future Land USe Map designation which pe~ts the development of a Planned Nonresidential Development which :maintains the Uses pe~tted within the Commercial Neighborhood (CN) and COmmercial Office (CO) Zoning Districts. The applicant's request is for a 1,792 Square foot real estate office. Within the CN (Commercial Neighborhood) Zoning District real estate offices are permitted uses. The property to the north of the subject parcel is the North HutchinSon Island Waste Water Treatment Facility. The properties to the July 19, 2001 Page 4 Petition: Century 21 Preferred Properties File No.: RZ-01-012, PUD-01-002 and MNSP.00.006 east are develOped as the Sea Palms Condominium and Tiara Towers Condominium. The Sands residential project lies to the south and west: With the development of.this (PNRD) Planned Non- Residential DeVelopment the general character of the surrounding properties will not change from the existing residential character. , Whether the .proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with 'the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. The petitioner, Century 21 Preferred Properties, is seeking approval for a preliminary and final PNRD (Planned Non-Residential Development)for the Century 21 Preferred Properties Minor.Site Plan to pen~t the construction of a 1,792 ,square foot real estate office on a 0.27 acre parcel of land located'.on the West side of North A-i-A, just :south of the North :Hutchinson .Island Waste Water Treatment Facility. Staff has determined that the proposed zoning designation and the Preliminary and Final Planned Non- Residential Development Planis compatible with the existing and proposed uses in the area. This petition Staff recommends' that 'you forward: this petition to the Board of County Commissioners with a reCommendatiOn of approvaI subject tothe following condition: The subject pmpe~y ,will be permitted a reduction in the number of required parking spaces from nine to six. Please contact this office if you have any questions on this matter. Attachment CS cc: Century 21 Preferred Properties Eric Zeiss, Culpepper & Terpening, Inc. File July 19, 2001 Page 5 Petition: Century 21 'Preferred Properties File No.: RZ-01-012, PUD-01-002 and MNSP-00-006 Suggested motion to recommend approval/denial of this requested conditional use. MOTIO_ - - N TO ~PROVE:~ AFTER CONSIDERING THE TESTIMONY PRESENTED .DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT T~ PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LucIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CENTURy 21 PREFERRED PROPERTIES, FOR A PRELIMINARY AND FINAL PLANED NON-RESIDENTIAL DEVELOPMENT APPROVAL FOR THE PROJECT KNOWN AS CENTURY 21, .AND FOR A CHANGE IN ZONING FROM THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTICT) ZONING DISTRICT TO THE'PNRD (PLANED NON-RESDENTIAL DEVELOPMENT-CENTURY 21-PNRD) ZONING DISTRICT, BECAUSE [CITE ~ASON($) WHY - PLEASE BE SPECIFIC] MOTION.TO DENY: AFTER CONSDERINGTHE TESTIMONY PRESE~ED D~G T~pUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE ST~~S OF REVIEW AS SET FORTH IN SECTION 11,07.03, ST. LUCIE COUNTY LAND DE~LOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION . RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF CENTURY 21 PREFERRED PROPERTIES, FOR A PRELIMINARY AND FINAL PLANNED NON-~SIDENTIAL DtWELOPMENT ~PROVAL FOR THE PROJECT KNOWN AS CENTURY 21 PNRD AND FOR A CHANGE IN ZONING FROM THE HIRD (HUTCHINSON ISLAND.RESIDENTIAL DISTRICT) ZONING DISTRICT TO THE. P~ (PLANNED NON-~SIDENTI .AL DEVELOPMENT - CENTURY 21 - PNRD) ZONING DISTRICT, BECAUSE... [CITE ~ASON(S) WHY - PLEASE BE-sPECIFIC] JUL i 6 Friday, July 13,2001 Board of County Commissioners Att: Stephen Matthes/Chairman St. Lucie Planning Commission Re: Rezoning Century 21 property opPosite the filtration plant from HIRD to PNRD N. Hutchison Isl. Dear Chairman, I am a.:Resident of Tiara Towers., just south of the land for the pending rezoning petition. My vote is against such a change. ~Note that Tiara Towers pays about $400,000 in'taxes each and every year. We demand and expect that the area be kept as a desirable residential.home site. Question: If such a rezo~ng rakes place, Will Our yearly taxes decrease9 We both knoTM the answer. Why is the hearing on July 19th when most of'the local residence are up north? Strange? Regards, Norman Molz 3120 North A 1A ' Condo '301 South Ft. Pierce, FL 23939 Section 3.01.03 Zoning District Use Regulations · ('; HIRD HUTCHINSON. , ISLAND RESIDENTIAL DISTRICT 1. Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential envirOnment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. HiRD is intended to ensure that the intensity, loCation, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defi-ning the County's economic and geographlic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, HIRD is designed to ensure that growth and~development is clustered away from environmentally sensitive lands and is limi[ed to the ~more tolerant upland portions.of Hutchinson Island. HIRD is also intended to ,implement and be consistent with the St. LuCie County Comprehensive Plan. . Intent of Application a' It is 'the intent of the Board of Count,/Commissioners that HIRD shall apply to all multi-family residential property in the .unincorporated areas of North and South Hutchinson Island. b. No application for an amendment to this code, shall be accepted which proposes to change the zoning classification of any land on North or South Hutchinson 'Island tea classification other than to: Hutchinson Island Residential District (HIRD); Planned Unit Development (PUD); Planned Non-Residential-Development (PNRD); Planned Mixed Use-Development (PMUD); Utilities (U); Institutional (I); Religious Facilities (RF); .any Residential, Estate (RE-1 or RE-2)or any Residential, Single Family (RS-2, RS-3, RS-4) zoning district. Any residential development on North or South Hutchinson Island must be consistent with Paragraphs 4, 5, 6, 7, 8 and 9 of this SectiOn. 3. Subdistricts For the purposes of this District, lands loCated o.n North and South Hutchinson Island are hereby classified into the following sUbdiStricts: ' a,o North HUtchinson Island Residential District (NHIRD), which inclUdes those lands located on North Hutchinson Island in St. Lucie-County; C~ South Hutchinson Island Residential DiStrict, North (SHIRD-N), which includes thoSe lands located' on South Hutchinson Island between the FlOrida Power & Light CompanY nuclear power plant and the city limits of the City of Fort Pierce' and South: Hutchinson Island: Residential District, South (SHIRD-S), which includes those lands located on South Hutchinson-Island between the Florida Power & Light Company nuclear power plant and Martin County. Adopted August 1, 1990 137 Revised Through. 08~01!00 Section 3.01.03 Zoning District .Use Regulations . Environmental Zones For the purposes of this District, all lands located on North and South Hutchinson.Island are classified into one of the following environmental zones based on their geologic, hydrologic, topographic, and biologic character- a. Dune: Preservation Zone, which includes those lands lying between the mean high water line to the east and the western edge of'the primary dune system, as defined by vegetation and elevation, The Dune Preservation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural. Environmental Analysis, of the St. Lucie County Barrier Island .Study: Analysis of Growth Management Policy Plan (August, 1'982). Where the western edge of the primary dune system cannot be ascertained, the :Dune Preservation Zone shall be set by reference to a management/restoration plan that has been prepared based on natural coastal dynamics. bo UPlands, which include those lands lying west of the western edge 'of the primary dune system and which are not claSsified as wetlands as defined in paragraph (c) of this subsectiOn. C~ Wetlands, which include .those lands lying west of the westem edge of the primary dune system that are above the elevation of mean high water and are included in .the landward extent of Waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of adoption of this .Code. 5. Permitted Uses The following 'uses shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: a. Dune Preservation Zone: (1) (2) ,(3) Residential densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkways. ReCreational uses not involving structures other than elevated walkways. b. Uplands: (1) (2) (3) (4) (5) Detached single family dwelling units. Two and three family dwelling units. Multiple family dwelling units. Parks. Accessory uses, subject to the requirements of Section 8.00.00, Wetlands: (1) (2) (3) Residential densities that can be clustered to Uplands located on the parcel proposed for development. Elevated walkways. Bridges and bridge approaches. Adopted August 1, 1990 138 Revised ThrOugh 08/01/00 . Section 3.01.03 Zoning District Use Regulations (4) For that portion filled in accord with permits received from federal and state agencies exercising jurisdiction over such area, any permitted Uplands use. Conditional Uses a. Dune Preservation. Zone: ( 1 ) None. b. (~) (2) Uplands: · Hotel, motel, 'resort, rooming and boarding houses, touris~ court, and time-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks provided that the numberof rooms does not exceed the residential densities set forth in subsection 7 of this Section. (999) Athletic~and entertainment ciubs or facilities, provided that the Proposed use will not generate traffic in excess of that projected for the. parcel if developed at the maximum permitted residential density.'(~ (3) .Bed and Breakfast Residences, subject to the requirements of Section 7.10.20. (4) Telecommunication towers - subject to the standards of Section 7.10.23 Co' Wetlands:' (1) Marinas and boat launching facilities, provided that the area of wetland altered does not exceed five (5%) percent' of the wetlands located on the parcel proposed for development; (2) Utility transmission facilities; . (3) For that portion filled in accOrd with permits received from Federal and State agencies exercising jurisdiction over such area, any conditional upland, use. Residential Densities a:o Maximum Residential Densities · · Except as provided in paragraphs b and c of this subsection, no structure shall be conStruCted, built, moved,: remodeled, occupied, or used as a residential use at a density greater than the applicable maximum residential density set forth in this paragraph. M~IMUM RESIDEN]'IAL DENSITIES (-Expressed as percentage of maximum d(~si:ty set forth in the ~Ulure land' use designation of the SL Lucie ,County ,Comprehensive Plan) commencement level Adopted August 1, 1990 NHIRD SHIRD - N SHIRD - S 15% 18% 9% 139 Revised Thrdugh 08/01/00 Section 3.01~.03 Zoning District Use Regulations NHIR,D SHIRD - N SHIRD - S level 1 3'6% 28% 45% level 2 54% 100% 100% level 3 100% does' not apply does not apply C. b,, When the-maximum percentage indicated in the table above would yield less than one (I) unit per acre, a maximum density of one (1)unit per acre shall apply except for the R/C (Residential. Conservation).future land use designation. Properties within the R/C future land use designation shall,have their densi~.computation.based upon .2 dulac for all lands above mean high Water. Existing Uses Any structure, ~.projeCt or use .that exceeds the applicable maximum residential density Set forth in paragraph (a)ofthis.sUbseCtion or the maximum building height set forth in paragraph 11 (b)(2) of this section, shall not be subject to the provisiOns of this subsection but shall be considered a pre,existing use. and be subject to the provisions of Section 11.07.05(G) if and only if: (1) The structure, project, or: Use has been occupied or constructed, or has received a building permit, site-plan, or other County development-apprOval prior to July 12, 1984; and (2) DeVelOpment .of the structure, project, or use is completed within all applicable approval periods and time limits. No change or alteration of a pre-existing use as defined in this paragraph shall be permitted if the change or alteration would allow a residential.density exceeding that set forth in the bUilding permit, site plan, or other County development approval for such existing, pre, existing u-se;. Payment of Alternate Development Fee. A site pi'an for a st~cture'may be approved at'a density greater than the applicable maximum set forth in paragraph a of this subsection upon the condition that the develoPer pay to the Board of Coun~ Commi loners the applicable alternate development fee. set forth in this. paragraph. I.n :addit, together with existing and previously approved develO at., will necessitate any roadwaY; bridge, or other improvement t° maintain Level of Service C annually or D during peak season, or will require:any traffic control device, or access improvement, ~e: site plan shall not be approved except upon, the condition that building permits not be issued until after such. improvement or traffic control device is installed or until the developer has executed' a contract for construction of needed improvements and has provided, security in AttOrney. The altema'te development fee shal for eaCh unit exceeding the maximum set' forth in paragraph (a) of this subsection. Adopted AugUst 1, 19.90 ~ 140 Revised Through 08/01/00 Section 3.01.03 Zoning Oistdct .Use Regulations Each-alternate development fee represents an amount equal to the 'estimated cost per residential unit to Provide the transportation improvements specified in subsection 8 of this Section.. All alternate development fees collected pursuant to this paragraph shall be received and expended Solely for the-transportation improvements, or equiValent, specified in subSection 8 .of this Section. Nothing in the paragraph shall permit a structure to be constructed, built, moved, remodeled, occupied, or used as a residential use at a density exceeding the maximum set forth in .Level 4 for the NHIRD subdistdct or in Level 3 for the SHIRD-N .and SHIRD-S subdistricts. d. Increase in Maximum-Residential Densities If, at any time after a residential use 'is approved under paragraph a of this subsection, the capacity of the roadway .system in a subdistrict increases to the extent that maximum residential densities increase from the Comrmencement Level to Level 2, from Level 2 to Level 3, or from Level 3to Level 4, a developer may submit a development application for the subjeCt prope~ for additional densi~ as.long as the development proposed in the application, When considered with the initially approved development, meets t-he requirements of this seCtion and all other provisions of this Code. eL. Credit for Payment of Roads Impact Fee Any roads impact fee paid pursuant to Section 1-17-30 of the Code of Ordinances of St. Lucie County, shall,be credited against the applicable alternate development, fee as set'forth in Section 3.01.03.AA(7)(c).of' this Code. . Traffic Capacity Levels For the purposes of this COde, the following levels of service or equivalent capacity, as determined to be acceptable by the Board or'County Commissioners, shall govern the density of development according to subsection 7 of this Section. A traffic capacity level shall be deemed available when the Board of County Commissioners or other appropriate authority has accepted a construction bid, for the' stated improvement. ao Commencement Level (1) . Existing cOnditions. b. Level: 2 (1) o. NHIRD - Existing conditions as of October 12, 1983, together with the addition of Adopted August 1. 1990 141 ReviSed Through 08t01/00; Section 3.01.03 Zoning District Use Regu{ations northbound right turn lane at Old Dixie Highway and the Nodh Beach Causeway and signalization improvements .at that interseCtion, and the addition of a southbound right turn lane at State Road AIA and Atlantic Beach Boulevard. (2) SHIRD,N - Existing conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound~left turn lane atthe intersection. Of Ocean Driveand'Binney, and the improvement of Ocean Drive in the City of Fed Pierce to a three lane road. (3) SHIRD-S - ExiSting cOnditions together with the improvement of either: · (a) the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Drive to a four lane road between the Jensen Causeway and Jensen Beach Boulevard, the 'improvement of State Road AIA to a four lane roadway from the Jensen Beach Causeway to a point one mile north of the St. Lucie- Martin County line, and the improvement of Jensen Beach BouleVard to U,S. I to four lanes; - (b) the Stuart Bridge to a four lane facility, together with the four laning of the OCean_ BouleVard Causeway from-Indian River Plantation west through the intersection of Monterey Road, and the four laning of State Road A1A from the Jensen Beach Causeway to a point one mile north of the St. Lucie County - Martin County line; or (c) the construction ora tWo. lane bridge to South Hutchinson. Island at the Walton .Road corridor, together with improvements of Walton Road to four lanes west of the Savannahs to U.S. 1. c. Level 3 (5) NHIRD- Level 2 improvements plus expansion of the North Beach Causeway to four lanes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bound right turn lane at U.S. 1 .and Seaway Drive. (6) (7) SHIRD-N... Level 2 improvements plus the four laning of Seaway Drive: from Binney DriVe to OCean Drive Or an equiValent improvement, improvement of Ocean Drive within the Ci~ of Fort Pierce to a four lane road, and the addition.of a northbound right.turn lane at the intersection of U.S. 1 and' Seaway. SHIRD-S. Existing conditions together with twoof the improvements specified under Level 2 above. d. Level 4 (~) NHII ~' and th Florida ;lrade separation of the North Beach Causeway ~y tracks, an in'terch'ange at Seaway Drive and U.S. 1, or other improvements that will provide at least Level of Service D conditions during season at the Seaway Drive and U.S. 1 intersection, and the four laning ~ f.State Road A1A from north of Atlantic Beach Boulevard to the Indian River County line. Adopted August 1, 1990 142 Revised Through 08~01/00 Section 3.01.03 Zonin§ District Use Regulations ,(2) SHIRD-N- Does not apply. (3) SH'iRD-S -' Does not apply. . Environmentally Sensitive Areas The residential.densities permitted in the Dune Preservation Zone and in the wetlands may be used only if clustered to uplands located on the parcel proposed for development, or if clustered to that portion of the wetlands filled in accord with permits received from federal or state agencies exercising jurisdiction over such area. lr0. Lot Size Requirements ao Single'.Family Development: Lot size requirements for detachedr single-family dwelling units shall be in accordance with the lot size requirements for the RS-4 District found in Table'l in Section 7.04.00. b. Multi-Family Development: 11. Lot size requirements forrmultiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the tot size requirements for the RM-11 District found in Table 1 in Section 7..04.00. Dimensional/Building'Height Requirements a. Single Family Development: Dimensional requirements for detached single-family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table 7.10, in Section 7.04.00, with the exception of residential densities that are outlined in this section, and' the requirements of Section 4.01.00, Hutchinson Island -'Building Height' Overlay Zone. bo Multi-Family Development: DimensiOnal requirements for all multiPle-family dwelling units and two- and' three-family dwelling units shall be in accordance with the dimensional requirements for the RM-11 DiStrict fOund in Table 7.10 in Section 7.04.00:, except as follOwS: (1) Residential densities shall be as set forth in subsection 7 of this Section. (2) For any structure that has not been occupied constructed, or has not received a building permit, site plan..or othez- County development approval prior to January 10, 199-5 the requirements of Section 4.01.00, Hutchinson Island - Building Height Oveday Zone shall apply. 12. Off-street parking and loading requirements shall be in accordance with Section 7.06.00. Adopted August 1, 1990 143 Revised Through 08/01t00 Section 3.01.03 Zoning Distdct Use,Regulations 13. Landscaping Requirements Landscaping requirements sha:ll be in accordance with Section 7.09.00. 14. Nonconforming Lots of Record Notwithstanding.any Other provision of this Section,. the provisions of Section 10.00.04 shall govern the erection of a single-family dwelling and customary accessory buildings on any single lot of record existing on the .effective date of this Code. 15. Additions to RecreatiOnal Vehicles, Mobile Homes, and Travel' Trailers ac Notwithstanding any other provision of this section,.any mobile home,' recreational vehicle, or-travel trailer park space located in this distriCt shall be considered an existing conditional use under Section 11.07.05(G) if and only if: (1) the mobile homehasbeen erected'and occupied, or the recreatiOnal vehicle or travel . trailer park sPace construoted and used, prior-to the effective date ofthis~code; and (2) the mobile home, recreational vehicle, or travel trailer park space was a fully conforming use On 'the effective date of this Code. b. Co No addition to an existing mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile HOme or .addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached: Single Family Residence, Class A Mobile Home or ~addition ~thereto meets all applicable requirements of Section 7.10.16 (RECREATIONAL VEHICLE PARKS)in existing recreational vehicle parks, or Section 7.10.17 (MOBILE .HOME PARKS)in existing.mobile home parks. d. An addition 'in 'existence as of April 18, 1989, (Ordinance 89-09) which dOes not meet the established: in this Section shall, be deemed: a nonconfOrming structure: and' shall provirSions of Section 10,00.03,. However, existing additions which pose a threat of imminent danger 1 , or welfare.of the general public as determined · by .the Firel to the standard for Fire Safety Criteria fOr Mobile 'Home Installations N FPA 501 A-1982, as applicable, must be. brought into compliance or removed, he decisiOn of 'the Fire Marshal m-ay be appealed to the Board, of Construction. and. Appeal. 16. Sea Turtle.-Protection Sea turtle protectiOn: requirements shall be in accordance with Section 6.04.02. Adopted ;August 1. 1990 144 Revised Throu.gi~ 08/01/00 Section 7.'02.00 Planned Non-Residential Development Bo 7.02,00 PLANNED NON-RESIDENTIAL D,EVELOPMENT 7.02.01 PURPOSE ,The Planned Non-Residential Development (PNRD)District is intended to .achieve non-residential land development of superiOr~quality thrOugh~the encouragement of flexibilitY and creativity in design options that: A. B. permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; U. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby 'lower development costs; Allow design' options that encourage an environment of stable character, compatible with surrounding land uSes; and 7.02.02 Permit the enhanCement of neighborhoodS through the preservation of natural features., the provision of underground utilities, and the provision of recreation areas and open space'. PERMI~ED USES The following generalguidelines shall, be'used in determining the permitted use possibilities in any Planned NOnresidential Zoning DevelOpment: ' · A. For properties located in any Residential or Agriculiural classified land use area: Any permitted, conditional or accessory use, .including any standards, conditions and requirements for those use~, as identified in the Commerci:al, Neighborhood (CN); Commercial, Office (CO); InStitutional (I)Zoning Districts,, and in the Agricultural land use classified areas only, any non-residential Permitted. or accessory,use identified, in the Agriculture-1 (AG- 1), Agricultural-2.5 (AG- 2.5), or Agricultural,5 (AG-5) zoning districts of this Code. 'Telecommunication towers must comply with the requirements of Section 7.10.23. The general standardS, conditions and requirements, as found in this Code, that pertain to.conditional and accessory uses shall be used in the determination of the compatibility of the proposed, use(s) with the surrounding land uses in the-review of the Planned :NonreSidential Development..AIt applications for Planned Nonresidential DeVelopment shall include a complete identification of all planned uses and activities. For properties located in any ,Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (ON); Commercial, OffiCe (CO); Commercial, General (CG); Industrial Light(IL); Industrial Heavy (IH), Utility (U) and (I)Institutional zoning~ districts, and any non-reSidential permitted or accessory use identified in the Agriculture-I Adopted August 1, 1'990 382 Revised Through 08/01/00 Section 7.02.00 Planned Non-ReSidential 'Development (AG-l), Agricultural-2:5 (AG-2.5), or AgricultUral,5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of section 7.10.23. The general standards, conditions and requirements, as found in this COde, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential DeVelopment. All applications for Planned Nonresidential Development shall include a complete identification of alt planned uses and activities. 7.02.03 STANDARDS AND REQUIREMENTS Standards and requirements for a 'Planned Non-Residential Development shall be as follows: _ A. MINIMUM SIZE The :minimum lot size requirements for a Planned Non-Residential Development :shall be as fOllOWS: 1. Any' Planned Non-Residential Development in a Residential Land Use classification shall comply with'the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. Any.Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land USe classification shall comply with the minimum lot requirements in the Commercial General (CG)-Zoning District. . 3. All Planned Non-Residen:tial Development shall be under common ownership or control. -DIMENSIONAL REQUIREMENTS Minimum dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the Board of CountY Commissioners may condition approval of a Planned Non, Residential, Development upon .compliance with more stringent or restrictive dimensional requirements in .order to ensure compatibility with surrounding land uses, to mitigate :impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lu¢ie County Comprehensive Plan; and, any Structure on North or. South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, .site plan or other County development approval .as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. C. PUBLIC FACILITIES . The Planned 'Non-Residential Development shall be designed and located so there will be no net Public cost for the provision of Water lines, sewage lines, storm and surface drainage Adopted August 1, 1990 , 383 Revised Through 08101/00 a. Section 7.02.00 Planned Non-Residential DeVelopment o systems, and other utility:systems in-order to ensure compatibility with surrounding land uses, to mitigate impact 'on the environment and natural resources, to ensure.public safety and to ensure compliance With the St. Lucie County Comprehensive Plan. The minimum size of all Water mains used, or intended for use, in fire protectiOn activities is six (6") inches; Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce.Fire Prevention Bureau. ¸. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau' The maximum .number of fire hydrants that may be located on any dead end water main is one (1). -4. Fire hydrants shall be proVided-at .a minimum spacing of one every Six hundred (600) feet unless otherwise .approved by.the St. Lucie County-Ft. Pierce Fire Prevention Bureau. TRAFFIC AND PEDESTRIAN CIRCULATION . o Every use permitt~ ina:Planned Non-Residential Development shall have access to a public street either.directly or through an approved private road, vehicular accessway, a pedestrian way, or other area dedicated to' public or private use, Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Non-Residential Development shall not be connected to streets outside, the develoPment so as to encourage their use by through traffic. The proposed Planned Non-Residential Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding, collector or arterial roads shall be improved so that they will not be adversely affected. . ¸o Streets in a Planned Non-Residential Development may be dedicated to public use or retained under private 'ownership. Said streets and associated, improvements shall comply with all pertinent CoUnty regulations and ordinances, however, variations to the standard minimum right-oFway widths may be considered as part of the Planned Non-Residential Development if it is shown to the satisfaction of the County CommissiOn,. that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. Any pedestrian'circulation system and its related walkways shall be insulated from the vehicular street system. Adopted August 1. 1990 384 Revised Through 08/01/00 Section 7.02.00 Planned Non-Residential Development Bo . Alt roads and streets shall intersect at an approximate +5° angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a leSser angle of intersection. . o Street jogs or centerline offsets between any loCal street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection of any two local roads or streets With a Major Collector or Arterial Roadway shall be separated' by a minimum distance.of six hundred sixty feet (660), as measured from centerline to centerline. . Permanent dead-end streets shall not exceed one thousand feet (1000)in length. ,C'ul-de-sacs-shall be provided.,at the end of all dead end .roads or streets greater than five hundred andr one (501)feet' in length. The length of a dead-end stree[ shall be measured along the centerline of the street from the its point of perpendicUlar,, intersection with the centerline :of intersecting streetto the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of, way diameter of,one hundred (100) feet. If the dead end roadway is five,hundred (500) feet or less in length, a "Y" or "T" type of turn around may be approved. 1¸0. Ifa dead'end street is temporary in nature thena temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved .island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands .shall have a diameter' of not less than Seventeen (17) feet, unless otherwise approved through the review of the Planned UnitDevelopment. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located-a minimum of ten (10) feet frOm any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Access points on all collector or arterial streets serving a Planned Non-Residential 'Development Shall be located and spaced so that tra~C moving into and out of the arterial streets does not cause traffic congestion. PARKING AND LOADING 1. General Provisions The nUmber, type, and location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination of the number of ,spaces required shall be based on Section 7.06.02 of this Code. The Adopted August 1, 1990 385 Revised Through 08/01/00 . Section 7.'02.00 Planned Non,Residential Development number of parking spaces required by this section ¢nay be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate .at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(B)(4) of this Code. Off'Street Parking and Loading Off-street .parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and. the following standards: a. Off-street parking and loading areas shali be designed to provide travelways between adjacent uSes while discouraging through traffic. 'b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. On Street Parking · In Planned Non-ReSidential Developments' on street parking may be used so long as the rOad on which the on-street'parking is proposed lies entirely Within the limits of the defined Planned Nonresidential Development and sUch parking would not ~contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where sUch on stroet parking and loading is 'used, it shall be consistent with the follOwing deSign standards: a.. b,, The minimum size of.a parking stall shall be as-follows: d'o F. LIGHTING parallel angled handicapped (parallel) handicapped (angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet Handicapped parking spaces shall be appropriately marked. Access for emergency fire vehicles shall, be in accordance with NFPA standards. Ne"more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. Ail lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind .to 'adjoining streets or properties. Adopted August 1, 1990 386 Revised Through 08/01/00 ... Section 7.02.00 Planned Non-Residential Development O. Ho LANDSCAPING AND NATURAL FEATURES 'Native trees and ,vegetation and other natural features shall be preserved to the extent .practicable. . Ail ser]sitive environmental vegetation, trees and areas shall be preserved to the extent practicable. . Landscaping .for off'street parking and loading areas shall meet the minimum requirements of Section 7.'0.9.00. OPEN SPACE-STANDARDS ,, For-development projects of less than ten (10) acres, a minimum of .twenty (20) percent of the gross area of land to be committed to a Planned Non-Residential Development must'be for use as common open space., which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open sPace, common landscaping'Or planting areas, or'other areas of public purpos~ other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. For development .projects of ten (10) acres or more, a .minimum of.thirty-five (35) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and .pedestrian paths and. facilities, marinas, swimming beaches, common open space, common landscaping.or planting areas, or other areas of public purpose~ other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public~ A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that' is preserved in its. original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. Ail areas to be dedicated for common open space shall be identified as part of the Preliminary'Development Plan for the Planned Nonresidential Development. Areas that are floodways, lakes, wetlands, and: stormwater retention areas may be applied to satisfy the total common open space, requirement subject to the requirement that ~ 5% of any existin9 native habitat on the property .'must be included as part of the required 35% common open space. As part of the Final Planned Nonresidential Development submission process, the developer or petitioner for the Planned Nonresidential Development shall provide for one of-the Adopted August 1, 1990 387 Revised Through 08101/00 Section 7.02.'00 Planned Non-Residential Development following- a. The advance dedication of ali common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open Space and any buildings, struct'ures or improvements that have been placed on it. Ali such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Nonresidential Development; or, A phased conveyance of the land to be used for common open space to a public or acceptable private agency that Will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been Placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Nonresidential DevelOpment. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall Common Open Space requirement,'provided t.hat the common open space meets the requirements of this Code. · All land dedicated for common open space shall be physically part of the Planned Non- Residential Development. PHASING . A Planned Non-Residential Development may be developed in more than one (.1) stage or phase. ' . If a Final Developmen:t Plan approved by the Board of County COmmissioners is to be developed in Stages. or' phases, each successive phase shall be constructed ar1d developed in a reasonably continuous fashion. The final Stage or phase shall be completed within ten (10) years of: the date of final development :plan approval. Any extension of the above requirement is subject to approval by the Board .of County Commissioners unless otherwise amended, by the Board of County CommiSsioners. SIGNS Signs within any Planned Non-Residential Development located in a Residential or Agriculturally.classified land use area shall comply with the provisions of Chapter 9 applicable tothe .Commercial Neighborhood (CN)Zoning District; provided, however, that the Board of County Commissioners may condition approval :of a,Planned Non-Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the PrOposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance-With the St. Lucie Adopted August 1, 1990 388 Revised Through 08~01/00 Section 7.02.00 Planned Non-Residential Development County Comprehensive Plan. Signs within any Planned Non-Residential Development located in a commercially or industrially classified Land Use Area shall comply with the provisions of Chapter 9 applicable in the Commercial. General (CG), Zoning District; provided, however, that the Board of County Commissioners may Condition approval of a Planned Non-Residential Development upon compliance with more stringent sign regulations in order to ensure design, consistency throughout the proposed development, to ensure compatibility with sUrrounding land uses, to ensure, pUblic safety and prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. Adopted August 1, 1990 389 Revised Through 08~01/00 avo~ 033Ns S I~£ S. S£ I S 9£ L XJ_NNOO 338OHO33NO Petition of Century 2~ --'referred HIRE) Residential District:) Zoning -District. Properties for a ch~. (Hutchinson Islana ResidentiaIDistrict) [o the PNRD ge i.n zoning from (Planned Non the / ? i ! / ! RZ 01-012 This pattern indicates _ subject ,parcel. Map prepared June 4, 2001 Land Use f) Centa, y / / / I I \ / \ .,/ R 01-()12 1 Preferred P, operties PUB RM ~.~~'/.~ This pattern .indicates e..~ subject Parcel Map prepared June 4, 2001 . Zoning /) Cent~,.y 21 Preferred P-, operties / 1 t RZ PUD HIR.D : \ 8\ / / 01-012 U Map prepared June 4. 2001 AGENDA -PLANNING & ZONING COMMISSION THURSDAY, JULY 26, 2001 7:00 P.M. Century 211 has petitioned St. Lucie County for a Change in Zoning from the HIRD (Hutchinson Island Residenth~l DistricO to the PNRD (Planned Non-Residential District)for the following described property: SEE ATTAC~D LEGAL DESCRIPTION Location,: West side of North A-1.A, just south of the North Hutchinson Island Wastewater Treatment Facility. Please note that all proceedings before the Local Planning.A!lency are electronically recorded. If a person .decid~. to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for suCh Purpose, he may need to ensure that a verbatim record of the proceedings ~ made, which record includes the testimony and ~evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will· be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. Written-comments received in . advance Of the public hearing will also be considered. Prior to this public hearing, .notice of the same was sent to all adjacent property owners July 1.3, .2001. l_~gal notiCe w~ publ~hed in the Port St. Lucie News and The Tribune, newspapers ofgeneral circulation in St. Lucie County, on Junel 3 & 16,2001. File No. ~01-012 BOARD OF, COUNTY' COMMI$$1ON6R$ July 13, 2001 COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK Subject: Notice to North Beach Property Owners Affected by the Century 21 PNRD Petition The notice for the Century.21 petition previously provided contained errors in the location of the property. These errors also caused the sign to be placed in the wrong location. This notice is ~tended to correct thoSe errors for the July 26, Planning and Zoning Commission hearing. The site of the property being considered for rezoning to Planned Non-Residential Development (P~) :is just south of the wastewater treatment plant and on the west side of'State Road A-1-A. As .of today, the sign. is ~ the correct location. ' The public hearing ont~; petition wffibe held on July 26, 2001 at 7:00 p.m. in Room 101 of the County Ad~stration Building at 2300 Virginia Avenue ~ Ft. Pierce. ... The purpose of the petition is to allow for the construction of a Real Estate office at tbs location. Your cortmaents on tbs matter will be considered by the Planning and Zoning ~Co~ssion as they make theJLr recommendation to the County Commission. An additional hearing will be held by the County Co~ssion on this'matter prior to its f'mal approval. You will also have an opportunity to speak at tBat hearing. You may. also make comments ~ writing prior to either hearing. I hope that tbs notice and the attached material help to clarify the specifics of this petition. I apologize tbr any co. ion our errom may have caused. If you have further questions' please call me or Cyndi Snay at (561),462-2822. Po Planning Manager JOHN D. BRUHN, District No. 1 o DOUG COWARD. District No. 2 · PAULA A. LEWIS, District No. 3 · FRANNtE HUTCHINSON, District No. 4 · CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia:Avenue . Fort Pierce, FL 34982-5652 Administration: (561)462-159:0 · Planning: (561)462-2822 · GIS/Technical Services: (561) 462-1553 Economic Development: (5.61 ) 462-1550 · Fax: (5,61 ) 462-1581 Tourist/Convention. (561) 462-1:529 · Fax: (561) 462-2132 ]o wi I()M II MAY C()NCt~RN: NOTICE is hereby given 'in accordaoce wilh Secl'ion. .' 1 ~.00.03'o~ fl,e. Sf.,t~ C~,~ Land ... ~,~ ~ ~o,~i~ 'o~ ,,~ SL.t~d~'.C0u~ Co~~~ 'tude 'Coun~ Pianni~ a~ Zoning ' lheir.~oll0wing r~t:' ' ' .[ , '~' .'~L ' , .:. so~ I~tand Residenliol Dislrid) Zoning' Oislr~ to i~ PNRD "(Planned Non::Residential'Oislrid) Zoning Oistdd f~ ~o 'following described property: Being ~ parcel of lc]nd lying in ~overnmenl roi 2, Section Township 3,1 South R0nge 40 east. St. tucie Counl~, Fiji- ' da, being more p~rlicularly described os follows: Legal Description: Commencing at the norlhwesl coma of said Section 25. l'~nship 34 South, Range 40 ~st, St. Lucie County, Florld~; thence 00°04'19" wesl, ~ an .. assumed bearing olong lhe west line of sold S~io, 2~, a dislonce at 1321.00 feet 1o the north tine of Gov~ment Lot 2-in said S~lion 25; :thence no~h 8905t'29'.~st ..along ~e nodh line of said Government' Lot ~ a disrobe · of .~251.60 feet lo '1~ westerly right,f-way line of State R~d A-.1-A; thence 'i 6028'27" ~st, o distance of 303.75 feet; thence 15057'59" ~st, o distance of 252.05 f~ to the point of b~inning, fl~e lost .~o (2)·courses '~om ~e wesledy right-of-way line of Stole Road A-l-A; ~e 15057'59" east along t~ westerly dghl~f-~ay li~ 0f 'Stole Road A- 1 -A, a distance of 103.33 f~l; ~T~e. ~ 80050'40", wesl, o dista~e o'f t25.69 ~t; lhehCe ~ ' 11'13'51" 'west, ~ .distance of 94100'f~1; thence "~ 76036' 16"'east,. o distance of 117.16 f~t to ~e' ~int of beginning. Containing .11,950 squore f~t (0.27-~es, mo}~.0r'l~ss).. . ' L~ation: West side of No~ A-1.-~ iusl south of the.N~h'. :' ~cflinson 'Island :Wastewater Tteatm~t fadli~' - -" } ' '- ;~-;.- . . -, . ', . , .c':~ L~al~s~ipfion:',PARC~[~- ·. ' .; : ..... ...... .- ITEat '~'~i0n'"'o~:Lo~ ~, 6~:~,d 7 .of BI~ 3,'~ 26, 'public r~ords of St. [u~ Count, FIo~da,-raS~~a~" .' f°ltoWS~' g~in' at ne.~i of int~s~ of:'~ ' righf~fzwaY line of' FI6~6. ~tate ~d '~. 5 (U.~:I) ']~' n~h li~e' of said t6f ~ lhehce :sob~'..27~,~i~,~'.~' ;': N0. 5'{U,~: 1) for 46S.00~t~ mence s~n 6~°~e~t.~: .Z . f~ '~SbJ00'feet; ~ence ~ 27° '3t'40" w~_l~ ~9~Z.I'. ::' '.~d:~est l~ne. of sai~ Cot~:~: fo~ 79.73 f~t 'tblat-~t' '. 87~42'2~" .east alon~ ~e 'no~h: line of. sbi~ [~ .6 '~ ~'." · : 3~'8.7~ E~t'to the ~int:~ ~innifig. Subj~(t0..~.:~.~' '. i'6' feet a~ the southe~lY, 30 f~t Jar r~'d,' mil~ a~. ~;: 'd~ainage pur~ses. '~ ~' ,"; '." - ' . ' .... :" PARCEl B-I . ' . 'J .... '-. '-" ' -.'-"' . That. p~di°n of Lots ~, '6. ~afld 7 of Block 3,: S~i~ 26, .To'ship 36 south, Range, ~0 ~sL Plat ~4-/' of'SL:Lucle ,' .Gardens as 'rec°~d~d in ~lat book... 1,:~.at page. 35 ~']~' public~r~ords of St. Lu¢e County, F~r~a, des~i~ a~. ;. follow~; commence af'th~oint of int~0n of~e we~' '. erly Hght-of-way of sta~. Road NoJ 5 .(U.S. 1) a~. the. ,. noHh 'Ii,jar 'said Lot 6, ~mce no~l. 89°4~'48~ W~t~ .... t~ ":~m~ t~e.. no'h line of'La."6, 35~.Z~ f~t 1° ~e ~int of: ' - I' af~res~d I~e'60.00 f~t; ~h~c~ ~t~ 00°00'19? west~. J' ~eng~. n~'"~°31:~0a w~t ~17~7 E~t; th~e.-~' - o ~1" ' ' ....... ' ' " ' l--.~. 0.0 0. ~t,~0:7~ f~t.40 .the ~int of ~inni~:Less.- J~ocati0,:8~21 s~,U:~,,i~=~:!' .- "'-.., .' p. NCW H.OR~zO's OF rH~ T,~U,~ COAST':~'-.' ] .majOr adjustment to ~a, ~xisting cJ~itional u~e in'~e I. [ . (l~sJituti°nat) Zoning ,Distrid'for ~e ~fowing ~o~'; ].' '. L~al 'DeScriPtion: ~.~el. Land Su~ivisio~ bf Township 36 South, kan~e 40E~Lo~ 3.in.'t~ n~it-.~'' I~ss a strip:of lan~ fc, r r~d right.of~ay' on ~e s~ 63] .County, Florida. J . '~. ' ~ : Location: 4500 ~dwa-~ R~d. [ · ": , ".. ':ifl~'.'divic Cent~ *u4t~iu~: 230d 'irginia' A~; · 'Piece Florida on julg2~,' 260t ~J i~ing a~ as'soon,lher~fl~as~sibleL. ':: I "' '::'' ":':;" ~' '.' · ' t : '. "" '' ~ .. "->,'" . ' eu,su~.r ~o s~oL.~e~ 0~0s ~,u~ ~,~, ~ ~'~-', "~o~:'aeCides ~o a ~I a~ 'd~is n: made.~y"~' .... .rd ...... pp y :~.,.... .... ~ · ~genC,y, or commissio~ ~ilh' re~p~.to a~ ~fl~ co~iid- en~ure thq~ a ve~bOtim r~Ord oi ~ 6ra~e~ings, is'm~de;' '~ich r~brd includes the tesli~rly' and evid~ .which the app~! is lo be ~sed. i' ' . ' ' '" '" "LAbNING AND'ZONING cOMblS'SlONt ' .. ' RT. [UCIE COUNTY, FLoRID~ .. 'i . . ,....:.~.:. ' · - ~"" '.. ]~' · :'- .".-~',. '- ,-' .2~'~4~4 July 23, 2001 Mr. David P. Kelly Planning Manager St. Lucie County Community Development 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re' Cemury 21 petition for a change in zoning from HI~ to PNRD on the West side of A1A, just south of the North Hutchinson Island Wastewater Treatmem Ham Dear Mr. Kelly: laW~_.~dhtave obtained from your office PNRD Plan 1 of 1, revised 5/3/01, including a soaped .plan reVised 3/23/01 and the Petition. We believe the petition should be withdrawn from consideration based on the following: me Both plans indicate that the zoning on the west and south side of the subject property is PUD. Unless a new request was made the rezone the property with proper notification to the adjacent property owners, it is still zoned HIRD. If you have an approved site plan and paperwork indicating the PUD designation, we would appreciate a copy. It is not possible to review the-code without, definitive clarificmion of this-item. Be Section 11.02.05 Review of Application for preliminary and f'mal site . plans for planned development_ Under ~Review of Preliminary Site Plans for Planned Development, under A.26 an application shall be determined to be complete only if the required submittals of Section 11.02.10 are provided. Section 11.02.10, Submittals for Planned Development. Site Plans indicates under A. "A preliminary site plan shall include the fo llowing information:,, ~- 1.£ A statement of planning objectives to ~ achieved by the proposed Planned Development through the pa~icular apprOach proposed by the applicant. This statemem shOuld include a description of the character of the proposed developmem and the rationale behind the assumptions and choices made by the applicant. I.h. Information on land areas adjacem to the proposed Planned DevelOpment and an indication of the relationships between the proposed development and existing and prO ~posed adjacent areas, including land uses, zoning classificmions, demities, automobile and pedestrian circulation systems, public facilities, and unique natural features of the land. l.i. A statement describing how the Planned Development is consistent with the St. Lucie County Comprehensive Plan. 1 .j. A development schedule indicating the approximate date construction of the Planned Development or stages of the Planned Development can be. expected to. begin and be completed. l.k. A statement of the applicant's intentions with regard to the future selling or leasing, of all or portions of the Planned Development, such as land areas, dwelling units, and commercial facilities. 2. Existing C " .ond~t~on.s. There are many other items required which are listed and also not Shown on the site plan. We are unable 'to find any of this information on the site plans, and the petition only indicates trader Item 12 the reason for the change is 'to "allow for the construction ora real estate office." Further, under Item 13. The question does the proposed rezoning cO~ict with any' portion of the SLC Land Development Code or the SLC Comprehensive Code is !eft blank. C. Since the statemem required above under Section 7.02.00 which lists the specific purposed for PNRD have not been addressed by the petitioner, we see nothing creative in this approach reflecting changes in the technology of land .development, it is not compatible with surrounding land uses, and- there surely is no provision for a recreation area as outlined under .Purpose in the code. We also note that the landscape plan does not screen between offstreet parking and loading and adjacem roads or walkways with hedges, dense plantings or change in grades or wall, as well as screening, requirements from residential to the east'. Et We must admit that we never in our imagination would be facing a highly visible 4'x7' commercial sign mounted on a 10' high pylon which is illumina~an~d nieht and will be visible fi'om the third to fifieemh flOors across from AIA~--When you see 'this from our bedroom window, we are sure besides violating the stated HIRD objective of"conserving the natural and human values the island represents," it will certainly lower property values as. we all paid. for the view with the belief that this. whole area was to be residential. It does not seem fair to consider a rezoning request that affects so many homeowners when the majority ofthe highrise residents affected are either on vacation or have gone north for the season, especially with all the preceding confusion about the location of the property and 'the oposting of the Sign. Finally, we hope you will reject this petition to rezone as we feel this is spot zoning at its worst. If you approve this' request, are you sending a message to the residems on the island that anyone can obtain a rezoning fi'om HIRD to PNRD, which permits over 30 conm~ercial type uses, just by indicating they want to build one or more of these uses? If so, this is ~ightening. Sincerely, Walter and Sandi Simons 3150 North AIA, 1002N North Hutchinson Island, FL 34949 Cc: Ms. Cindy Snay, Project Manager Mr. Steffan Matthes, Chairman, SCL Planning-and Zoning Commission Delivered by hand July 23, 2001 3150 N. A1A,//601. Fort Pierce, FL 34949 Julyl6, 2.00l St. Lucie Plan'ning-and.Zoning Commission 2300 Virginia Avenue Fort Pierce, FL 34950 To the St. Lucie Planning and Zoning Commission: As year-round ms/dents of North Hutchinson Island we oppose any changes to the present zoning on North Hutchinson Island. There is already sufficient commercial space on the island to service the needs of the residents. This proposed change would :be directly across from our condominium residence and we do not want a business them. Century 21 today, who ~ows what tomorrow. Please, do not approve this zoning change. Yo'urs truly, ·/"' ..... -~/ ~,,/~y Debby Kk,~hail JUL 8